Jashvantsinh Shivaji Chauhan vs State Of Gujarat
2023 Latest Caselaw 1628 Guj

     R/CR.MA/5505/2022                              ORDER DATED: 16/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5505 of 2022

                    In R/CRIMINAL APPEAL NO. 600 of 2022
                                    With
                      R/CRIMINAL APPEAL NO. 600 of 2022
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                         JASHVANTSINH SHIVAJI CHAUHAN
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR HD MEHTA, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 16/02/2023

                                 ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned APP waives service of notice of rule on behalf of respondent - State.

2. 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, passed by the learned Additional Chief Judicial Magistrate, Deesa dated 06.08.2021 in Criminal Case No. 793 of 2018.

2. Heard, learned advocate Mr. Nirav K. Padhiyar for the applicant and learned APP Mr. HD Mehta for respondent - State and perused the impugned judgment and order of the

R/CR.MA/5505/2022 ORDER DATED: 16/02/2023

trial Court. Respondent No.2, though served not remained present.

3. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.

Order in Criminal Appeal:

1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.

(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA