Anil Mohanbhai Gohil vs State Of Gujarat
2023 Latest Caselaw 2443 Guj

      R/CR.MA/4907/2023                               ORDER DATED: 21/03/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/CRIMINAL MISC.APPLICATION NO. 4907 of 2023

                      In R/CRIMINAL APPEAL NO. 616 of 2023

                                       With
                          R/CRIMINAL APPEAL NO. 616 of 2023
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                               ANIL MOHANBHAI GOHIL
                                      Versus
                                 STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                  Date : 21/03/2023

                                    ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 4907 of 2023

1. Rule returnable forthwith. Learned APP waives service of notice

of rule for and on behalf of respondent-State.

2. Heard learned advocate Mr. Mukund Thakkar appearing for Mr.

P.P. Majmudar, learned advocate on record for the applicant.

3. This is an application preferred under Sub-Section (4) of Section

378 of Criminal Procedure Code, 1973, challenging the judgment and

order of acquittal dated 25.01.2023 passed by learned Additional

Judicial Magistrate First Class, Bharuch in Criminal Case No.4591 of

2021.

R/CR.MA/4907/2023 ORDER DATED: 21/03/2023

4. Learned advocate Mr. Mukund Thakkar has invited attention of

this Court to the order dated 16.03.2023 passed by the co-ordinate

Bench of this Court in Criminal Misc. Application No.4873 of 2023 in

Criminal Appeal No.598 of 2023 and allied matters. By the said order,

this Court has granted leave to appeal and respective criminal appeals

are also admitted. He has submitted that similar set of facts and issue

of law are involved in the present appeal, he therefore, urged this

Court to grant leave to appeal.

5. Considering the fact that, this Court in similar set of facts and

issue of law raised, has granted leave to appeal, the present

application seeking leave to appeal is allowed. Rule is made absolute

to the aforesaid extent.

ORDER IN R/CRIMINAL APPEAL NO. 616 of 2023

1. Admit.

2. Learned APP waives service of notice of admission for and on

behalf of respondent-State.

3. Issue bailable warrant in the sum of Rs.5,000/- against the

respondent-accused.

R/CR.MA/4907/2023 ORDER DATED: 21/03/2023

4. Private respondent be served through concerned police station.

5. Registry is hereby directed to call for Record & Proceedings

before the next date of hearing.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA