Hareshbhai Raghavjibhai Variya vs State Of Gujarat
2023 Latest Caselaw 3576 Guj

     R/CR.MA/9484/2022                               ORDER DATED: 28/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 9484 of 2022

                    In R/CRIMINAL APPEAL NO. 1027 of 2022

                                   With
                     R/CRIMINAL APPEAL NO. 1027 of 2022
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                         HARESHBHAI RAGHAVJIBHAI VARIYA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR ABHISHEK R SHARMA(10751) for the Applicant(s) No. 1
MR ADITYA P MISTRI(11315) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS CHETNA M SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                 Date : 28/04/2023

                                  ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of Rule on behalf of the respondent No.1 State.

2. Heard Mr. Abhishek Sharma, learned advocate for the applicant - original complainant. At the outset, he has invited attention of this Court to the order dated 09.02.2022 passed in Criminal Misc. Application No.3278 of 2022 and the order dated 17.02.2021 passed in Criminal Misc. Application No.2217 of 2021. He has submitted that the cognate matter arising out of similar facts of the case and similar issues at the instance of the same complainant against different accused, has been admitted.

3. From the record, it transpires that notice to respondent No.2

- original accused has been duly served, however, he has chosen

R/CR.MA/9484/2022 ORDER DATED: 28/04/2023

not to appear before this Court.

4. Considering the submissions of the applicant - original complainant and the present application being not opposed by the respondent - accused, present application seeking leave to appeal to challenge the impugned judgment and order of acquittal dated 25.03.2022 passed by the learned 5 th Additional Chief Judicial Magistrate, Surat, in Criminal Case No.20652 of 2011, is hereby allowed, this application for leave to appeal stands disposed. Rule is made absolute.

CRIMINAL APPEAL NO.1027 of 2022:

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

Bailable warrant be issued in the sum of Rs.10,000/- against the respondent No.2 - original accused.

Let R & P be called for.

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