Laljibhai Kanjibhai Vanjhara vs State Of Gujarat
2023 Latest Caselaw 1656 Guj

     R/CR.MA/23246/2022                             ORDER DATED: 17/02/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 23246 of 2022

                    In R/CRIMINAL APPEAL NO. 2517 of 2022

                                    With
                      R/CRIMINAL APPEAL NO. 2517 of 2022
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                          LALJIBHAI KANJIBHAI VANJHARA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR MANTHAN K BHATT(6549) for the Applicant(s) No. 1
MANAN V PATEL(8059) for the Respondent(s) No. 2
MS ASMITA PATEL, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 17/02/2023

                                  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 33rd Additional Chief Judicial Magistrate, Vadodara dated 10.08.2022 in Criminal Case No. 9729 of 2022.

2. Heard, learned advocate Mr. Manthan K. Bhatt for the applicant and learned APP Ms. Asmita Patel for respondent -

R/CR.MA/23246/2022 ORDER DATED: 17/02/2023

State and perused the impugned judgment and order of the trial Court. Learned advocate Mr. Manan V. Patel is not present, though matter is called out twice.

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