Kanabhai @ Shambhubhai Ghelabhai ... vs Narendrasinh Banesinh Chudasama
2023 Latest Caselaw 2590 Guj

   R/CR.MA/15695/2022                             ORDER DATED: 28/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 15695 of 2022

                  In R/CRIMINAL APPEAL NO. 1677 of 2022

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              KANABHAI @ SHAMBHUBHAI GHELABHAI MER
                             Versus
                NARENDRASINH BANESINH CHUDASAMA
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Appearance:
MR NAYAN D PAREKH(5010) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3,4
MS, VRUNDA SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 5
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                              Date : 28/03/2023

                               ORAL ORDER

This is an application seeking Leave to Appeal filed under Section 378 (4) of the Code of Criminal Procedure at the instance of the original complainant seeking challenge to the judgment and order of acquittal dated 30.3.2022 passed by the learned 4 th Judicial Magistrate First Class, Junagadh in Criminal Case No. 1615 of 2008. By the said judgment and order, the learned Magistrate has recorded acquittal of present respondents no. 1 to 4 original accused for the alleged offences punishable under Sections 323, 325 read with Section 114 of the Indian Penal Code. The learned Magistrate has further directed to release the

R/CR.MA/15695/2022 ORDER DATED: 28/03/2023

respondents-original accused for surety of an amount of Rs 5000/- to secure their presence before the Appellate Court.

2. This Court on 27.3.2023 had heard the learned advocate appearing for the applicant-original complainant. Learned Additional Public Prosecutor had appeared on behalf of the respondent-State and had prayed for time to go through the impugned judgment and order of acquittal to assist this Court. She had also prayed for time to get instructions as regards any appeal being preferred by the State against the very said judgment. Today when the matter is taken up for hearing Ms. Shah learned APP has under instructions submitted that the State has not preferred any appeal against the impugned judgment and order of acquittal. She has further relied upon the decision of the Hon'ble Apex Court in the case of Joseph Stephen Vs. Santhananaswamy reported in 2022 AIR 2022 SC 670 :2022 (2) Scale 289 and she has submitted that in view of the amendment being brought in Section 372 of Code of Criminal Procedure after 2009 and insertion of proviso to Section 372 of Criminal Procedure Code, the original complainant or even victim as the case may be can be relegated to prefer an appeal as provided under Section 372 of the Code of Criminal Procedure. In the

R/CR.MA/15695/2022 ORDER DATED: 28/03/2023

given set of facts considering the nature of allegations made where the incident had resulted into the injuries alleged to have been sustained by the original complainant being the victim to the said alleged incident, this Court is of the view that the Appeal under Section 372 of the Criminal Procedure Code can be looked into without any Leave to Appeal being filed under Sub Section (4) of Section 378 of the Criminal Procedure Code, hence, present application stands disposed of.

3. Let the Appeal be registered and be notified for admission hearing on 3.4.2023.

(NISHA M. THAKORE,J) MARY VADAKKAN