State Of Gujarat vs Nayanbhai Ratilalbhai Manilalbhai ...
2023 Latest Caselaw 8410 Guj

Gujarat High Court

State Of Gujarat vs Nayanbhai Ratilalbhai Manilalbhai ... on 5 December, 2023

                                                                               NEUTRAL CITATION




     R/CR.MA/21384/2023                           ORDER DATED: 05/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 21384
                           of 2023
            In R/CRIMINAL APPEAL NO. 2675 of 2023
                            With
              R/CRIMINAL APPEAL NO. 2675 of 2023
==========================================================
                         STATE OF GUJARAT
                               Versus
            NAYANBHAI RATILALBHAI MANILALBHAI CHAUDHARI
==========================================================
Appearance:
MS VRUNDA SHAH APP for the Applicant(s) No. 1
MR DM DEVNANI(5880) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                            Date : 05/12/2023

                             ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION:

1. This is an application by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal dated 10.04.2023 passed by the learned Sessions Judge, Tapi, Vyara in Sessions Case No.30 of 2021.

2. Heard learned A.P.P. Ms.Vrunda Shah for applicant and learned advocate Mr.D.M. Devnani for the respondent - accused.

3. Learned A.P.P. Ms.Vrunda Shah submits that the learned trial Court had not considered the suicide note, which was proved by the evidence of the witnesses. Even prior to the date of incident, there was a quarrel between the deceased and the accused person on the ground that the deceased was having illicit relations with the wife of the accused. The learned A.P.P. submits that though the suicide

NEUTRAL CITATION

R/CR.MA/21384/2023 ORDER DATED: 05/12/2023

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note, which was found from the pocket and produced by the witness and was found to have the same handwriting of the deceased, the same was not believed by the learned trial Court only on the ground that it was produced after the delay of 5 days. The learned A.P.P. further submits that minor discrepancies were given much weightage by the learned trial Court and discarded the material evidence, which proves the involvement of the present respondent -

accused in the alleged offence.

4. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, this Court finds that there is some arguable case in favour of the applicant, therefore, leave, as prayed for, is granted. This application is allowed.

ORDER IN CRIMINAL APPEAL:

1. The appeal is admitted. Learned advocate Mr.D.M. Devnani waives service of notice of admission on behalf of the respondent.

2. Record and proceedings be called for from the concerned court. Registry is directed to list the Criminal Appeal in seriatim.

(M. K. THAKKER,J) Hitesh