Muzammilkhan Amanullahkhan ... vs State Of Gujarat
2023 Latest Caselaw 2594 Guj

     R/CR.MA/5254/2023                                ORDER DATED: 28/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5254 of 2023

                    In R/CRIMINAL APPEAL NO. 697 of 2023

                                       With
                         R/CRIMINAL APPEAL NO. 697 of 2023
==========================================================
                 MUZAMMILKHAN AMANULLAHKHAN PATHAN
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR. AAMIR S PATHAN(7142) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR BHARGAV PANDYA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                  Date : 28/03/2023

                                   ORAL ORDER

1. Heard Mr. Aamir Pathan, learned advocate for the applicant

- original complainant.

2. Rule returnable forthwith. Learned APP Mr. Pandya waives service of notice of admission on behalf of the respondent No.1 State.

3. This is an application seeking leave to appeal filed under Section 378(4) of the Code of Criminal Procedure, challenging the judgment and order dated 11.02.2023 passed by the learned Chief Judicial Magistrate, Nadiad, in Criminal Case No.7663 of 2013. By the said order, the learned Magistrate has proceeded to exercise the powers under Section 256 of the Code of Criminal Procedure, dismissing the complaint for default in absence of the learned

R/CR.MA/5254/2023 ORDER DATED: 28/03/2023

advocate on record for the complainant and the complainant.

4. Considering the submissions made by the learned advocate for the applicant, present application seeking leave to appeal requires consideration. The application is allowed. Rule is made absolute.

CRIMINAL APPEAL No.696 of 2023:

Issue Notice for final disposal returnable on 11.04.2023. Learned APP waives service of Notice on behalf of the respondent No.1 State. The respondent No.2 be served through concerned Police Station. Direct service is permitted to be served through RPAD.

(NISHA M. THAKORE,J) Y.N. VYAS