Kirtibhai Devchandbhai ... vs Sanjaykumar Vasantlal Patel
2023 Latest Caselaw 3580 Guj

      R/CR.MA/23328/2019                                ORDER DATED: 28/04/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 23328 of 2019

                     In R/CRIMINAL APPEAL NO. 2439 of 2019

                                     With
                       R/CRIMINAL APPEAL NO. 2439 of 2019
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     KIRTIBHAI DEVCHANDBHAI PATEL(DECEASED) THRO LEGAL HEIRS
                              Versus
                   SANJAYKUMAR VASANTLAL PATEL
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Appearance:
for the Applicant(s) No. 1.1,1.2
MR. NISHIT P GANDHI(6946) for the Applicant(s) No. 1
MS TEJAL A VASHI(2704) for the Respondent(s) No. 1,2,3,4,5
PUBLIC PROSECUTOR for the Respondent(s) No. 6
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                 Date : 28/04/2023

                                     ORAL ORDER

1. Heard Mr. Nishit Gandhi, learned advocate for the applicants being heirs and legal representatives of the deceased complainant.

2. At the outset, he has submitted that this Court vide order dated 21.04.2023 had permitted the applicant to continue with the prosecution of the present appeal. He therefore, submitted that the applicant would fall in the category of term "victim" as defined under Section 2(wa) of the Code of Criminal Procedure. He further submitted that the present appeal may be treated as an appeal under Section 372 of the Cr.P.C. for which, he seeks permission of this Court to carry out necessary amendment.

3. In view of aforesaid submission, learned advocate for the

R/CR.MA/23328/2019 ORDER DATED: 28/04/2023

applicant seeks permission to withdraw present application seeking leave to appeal.

4. Considering the submissions made by learned advocate for the heirs and legal representatives of the deceased complainant and no objection being raised by the learned advocate Ms. Heta Panchal appeared on behalf of Ms. Tejal Vashi, learned advocate for the respondent Nos.1 to 5 - original accused, request made by the learned advocate Mr. Gandhi is accepted. Present application seeking leave to appeal stands disposed of as not pressed.

Let amendment to be carried out forthwith in appeal memo by treating it as appeal under section 372 of the Cr.P.C.

CRIMINAL APPEAL No.2439 of 2019:

Present appeal is filed under Section 372 of the Cr.P.C. challenging the judgment and order dated 14.06.2019 passed by the learned Sessions Judge, Banaskantha at Palanpur, in Sessions Case No.11 of 2017, whereby present respondent Nos.1 to 5 - original accused came to be acquitted for the offences punishable under Section 498 and 306 of the Indian Penal Code.

Having heard the learned advocates for the respective parties, the appeal requires consideration.

ADMIT. Learned advocate Ms. Vashi waives service of notice of admission on behalf of the respondent Nos.1 to 5 and learned APP waives service of notice of admission on behalf of the respondent No.6 State.

R/CR.MA/23328/2019 ORDER DATED: 28/04/2023

Let R & P be called for.

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