Ganeshbhai Jemalbhai Brahman vs State Of Gujarat
2023 Latest Caselaw 2969 Guj

     R/CR.MA/20675/2022                                   ORDER DATED: 17/04/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 20675 of 2022

                    In R/CRIMINAL APPEAL NO. 2231 of 2022
                                    With
                      R/CRIMINAL APPEAL NO. 2231 of 2022
==========================================================
                          GANESHBHAI JEMALBHAI BRAHMAN
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR BHARGAV PANDYA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                 Date : 17/04/2023
                 ORAL ORDER

1. Heard Mr. Tushar Chaudhary, learned advocate for applicant and Mr. Bhargav Pandya, learned APP for the respondent No.1 State.

2. Mr. Chaudhary, learned advocate has fairly conceded that leave to appeal would not be require as the present applicant is original victim and in view of the amendment brought in Section 372 of Code of Criminal Procedure, the appeal would lie under Section Section 372 of the Code. He therefore, does not press this application.

3. Considering his submissions, present application stands disposed of as not pressed.

CRIMINAL APPEAL No.2231 of 2022:

1. Mr. Chaudhary, learned advocate has placed on record the order dated 24.11.2022 passed by the Coordinate Bench of this

R/CR.MA/20675/2022 ORDER DATED: 17/04/2023

Court in Criminal Misc. Application No.19418 of 2022 in Criminal Appeal No.2094 of 2022 filed by the State against the judgment and order of acquittal dated 30.07.2022 passed in Sessions Case No.231 of 2015 (Old Sessions Case No.224 of 2014), whereby the appellant herein- original accused No.2 came to be acquitted for the offences punishable under Sections 302, 307, 323 147, 148 and 149 of the Indian Penal Code. He further submitted that aforesaid appeal arises out of that cross FIR in respect of the same incident. He, therefore, urged this Court to admit this Criminal Appeal as the appeal at the instance of State in cross case arising out of the same incident is pending consideration.

2. Having heard Mr. Chaudhary, learned advocate for the appellant - original victim and Mr. Bhargav Pandya, learned APP for the respondent No.1 - State, present appeal requires consideration.

ADMIT. Learned APP waives service of notice of admission on behalf of the respondent No.1 State.

Bailable warrant in the sum of Rs.10,000/- each be issued against the respondent Nos.2 and 3 - original accused.

R & P to be called for.

Registry to list this matter along with Criminal Appeal No. 2094 of 2022 on 20.04.2023.

(NISHA M. THAKORE,J) Y.N. VYAS