State Of Gujarat vs Vijay Govindbhai Prajapati
2023 Latest Caselaw 2697 Guj

     R/CR.MA/5329/2022                                ORDER DATED: 31/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5329 of 2022

                    In R/CRIMINAL APPEAL NO. 582 of 2022

                                       With
                         R/CRIMINAL APPEAL NO. 582 of 2022
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                                STATE OF GUJARAT
                                      Versus
                           VIJAY GOVINDBHAI PRAJAPATI
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Appearance:
MR BHARGAV PANDYA ADDL. PUBLIC PROSECUTOR for the Applicant(s)
No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 4
MS. BHAVNA D ACHARYA(6406) for the Respondent(s) No. 4
MS. MAYURI P CHAUHAN(7069) for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                  Date : 31/03/2023

                                   ORAL ORDER

1. Heard Mr. Bhargav Pandya, learned APP for the applicant - State, Ms. Bhavna Acharya, learned advocate for the respondent No.4 - original complainant and Ms. Mayuri Chauhan, learned advocate for the respondent Nos. 1 to 3 - original accused.

2. Rule returnable forthwith. Learned advocate Ms. Mayuri Chauhan waives service of Rule on behalf of the respondent Nos.1 to 3 and learned advocate Ms. Bhavna Acharya waives service of Rule on behalf of the respondent No.4.

3. This is an application filed by the State under Section 378(1) (3) of the Code of Criminal Procedure seeking leave to appeal against the judgment and order of acquittal dated 26.10.2021 passed by the learned 11 th Sessions Judge (Special Judge, Atrocity Cases), Vadodara, in Special Atrocity Case No.48 of 2015.

R/CR.MA/5329/2022 ORDER DATED: 31/03/2023

By the said judgment and order, learned Special Judge has recorded acquittal of respondent Nos.1 to 3 - original accused for the offences punishable under Sections 325, 323, 294(B) and 114 of Indian Penal Code, Section 135 of the Gujarat Police Act and Section 3(1)(10) of the Atrocity (Prevention of Scheduled Caste and Scheduled Tribe) Act by giving benefit of doubt.

4. Considering the submissions made by the learned APP and the grounds raised in the appeal, present application seeking leave to appeal requires consideration. Hence, leave to appeal is granted. Rule is made absolute.

CRIMINAL APPEAL No. 582 of 2022:

ADMIT. Learned advocate Ms. Mayuri Chauhan waives service of notice of admission on behalf of the respondent Nos.1 to 3 and learned advocate Ms. Bhavna Acharya waives service of notice of admission on behalf of the respondent No.4.

Let R & P be called for, so as to reach this Court before next date of hearing.

Considering the mandatory provisions of Section 14A of the Atrocities Act, present appeal is expedited for hearing.

List the appeal for final hearing on 28.04.2023.

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