Nitinkumar Vinubhai Patel vs State Of Gujarat
2023 Latest Caselaw 516 Guj

   R/CR.MA/21261/2022                              ORDER DATED: 17/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 21261 of 2022

                  In R/CRIMINAL APPEAL NO. 2293 of 2022

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                        NITINKUMAR VINUBHAI PATEL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MS RENU VERMA(5964) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS.ASMITA PATEL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                             Date : 17/01/2023
                              ORAL ORDER

Criminal Misc. Application No.21261 of 2022:-

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent State.

2. Heard learned advocate Ms.Renu Varma appearing for the applicant original complainant.

3. This application is filed seeking leave to appeal under Section 378(4) of Cr.P.C. seeking permission to challenge the judgment and order dated 11.10.2022 passed by Judicial Magistrate First Class, Umreth, District - Anand in Criminal Case No.972 of 2021. By the

R/CR.MA/21261/2022 ORDER DATED: 17/01/2023

said order, the learned Judicial Magistrate dismissed the complaint on ground of non- prosecution.

4. Learned advocate Ms.Varma assured this Court that the original complainant shall co- operate in the Trial Court proceeding once the complaint is restored.

5. Considering averments made in the application and submissions canvassed by the learned advocate for the applicant, the present application seeking leave to appeal is allowed. Rule is made absolute.

Order in Criminal Appeal No.2293 of 2022:-

Notice be issued for final disposal making it returnable on 01.02.2022. Learned APP Ms.Patel waives service of notice for and on behalf of the respondent State.

The respondent no.2 be served through the concerned Police Station.

R & P be called for.

(NISHA M. THAKORE,J) NABILA