Ranvirsinh Parvatsinh Bariya vs State Of Gujarat
2023 Latest Caselaw 4656 Guj

     R/CR.MA/23592/2022                          ORDER DATED: 19/06/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 23592 of 2022
                           In
           R/CRIMINAL APPEAL NO. 2561 of 2022

======================================
              RANVIRSINH PARVATSINH BARIYA
                         Versus
                    STATE OF GUJARAT
======================================
Appearance:
MR BHAVESH J PATEL(6801) for the Applicant(s) No. 1
MR HARDIK A DAVE(3764) for the Respondent(s) No. 2,3,4
MS CM SHAH, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
======================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MRS. JUSTICE M. K. THAKKER

                          Date : 19/06/2023

                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

1. Heard Mr. Bhavesh J. Patel, learned advocate for the applicant.

2. This application for leave to Appeal is filed, though under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'the Code"), it being filed by the victim, it would be under Section 372 of 'the Code' challenging the judgment and order of acquittal recorded by the Sessions Judge, Lunawada, Mahisagar in Sessions Case No.84 of 2021.

R/CR.MA/23592/2022 ORDER DATED: 19/06/2023

3. In view of the provisions as also the decisions of the Supreme Court and this Court while filing Appeal under Section 372 of 'the Code' by the victim, there is no need to file separate application for leave to Appeal. Hence, this Criminal Miscellaneous Application praying for leave to appeal, that too, by the victim stands disposed of.

4. Registry is hereby directed to notify the Appeal for the purpose of admission on 26.06.2023.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER, J.)

siji