State Of Gujarat vs Savitriben @ Shantaben W/O Dineshbhai ...
2023 Latest Caselaw 8454 Guj

Gujarat High Court

State Of Gujarat vs Savitriben @ Shantaben W/O Dineshbhai ... on 6 December, 2023

                                                                                NEUTRAL CITATION




     R/CR.MA/18723/2023                            ORDER DATED: 06/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 18723
                          of 2023

                    In R/CRIMINAL APPEAL NO. 2687 of 2023

                                    With
                      R/CRIMINAL APPEAL NO. 2687 of 2023
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                    STATE OF GUJARAT
                          Versus
SAVITRIBEN @ SHANTABEN W/O DINESHBHAI VIRJIBHAI RAJIYAGURU
==========================================================
Appearance:
MS VRUNDA C SHAH, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                             Date : 06/12/2023

                          COMMON ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION:

1. This is an application by the applicant - original

complainant under Section 378(3) of the Code of Criminal

Procedure, 1973, seeking leave of this Court to present an

appeal against the judgment and order of acquittal dated

31.07.2023 passed by the learned Sessions Judge, Jamnagar in

Sessions Case No.58 of 2010.

NEUTRAL CITATION

R/CR.MA/18723/2023 ORDER DATED: 06/12/2023

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2. Heard, learned advocates appearing for respective

parties and perused the impugned judgment and order of the

trial Court.

3. Learned APP submits that the Criminal Appeal being

No.1994 of 2023 filed by the victim Dipakbhai Dineshbhai @

Babubhai Virajbhai Rajyguru is admitted on 23.08.2023 by the

co-ordinate bench of this Court.

4. Considering the avernments made in the application and

submissions made by the learned APP, 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.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees

Five Thousand only) against the respondent - original

accused.

NEUTRAL CITATION

R/CR.MA/18723/2023 ORDER DATED: 06/12/2023

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3. Record and proceedings be called for from the

concerned court. Registry is directed to list the Criminal

Appeal in seriatim.

To be heard with the Criminal Appeal No.1994 of 2023.

(M. K. THAKKER,J) A. B. VAGHELA