Anand Dinesh Udvani vs State Of Gujarat
2023 Latest Caselaw 7360 Guj

                                                                              NEUTRAL CITATION




     R/CR.MA/15257/2023                         ORDER DATED: 05/10/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15257
                            of 2023
             In R/CRIMINAL APPEAL NO. 2283 of 2023
                             With
               R/CRIMINAL APPEAL NO. 2283 of 2023
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                          ANAND DINESH UDVANI
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR SAVAN N PANDYA(5600) for the Applicant(s) No. 1
NISHIDHKUMAR M PATEL(8335) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                  Date : 05/10/2023
                   ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15257 of 2023

1. This is an application preferred by the applicant-original

complainant under Section 378(4) of the Code of Criminal

Procedure, 1973, seeking leave of this Court to present an

appeal against the judgment and order of acquittal dated

19.11.2022, passed by the learned 4th Additional Chief Judicial

Magistrate, Gandhidham in Criminal Case No.2610 of 2014.

2. Learned advocate Mr.Jay Shah for learned advocate

Mr.Savan Pandya submits that after plea was recorded, on

number of occasions the applications were given by the

advocate of the accused, which was granted and the matter

was adjourned on his request. Learned advocate further

submits that prior notice, which is a mandatory requirement, is

NEUTRAL CITATION

R/CR.MA/15257/2023 ORDER DATED: 05/10/2023

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not issued and further submits that the complainant is the

Government Officer and he undertakes that if the matter is

remanded back to consider on merits, he would not seek any

unnecessary adjournment.

3. Considering the averments made in the application and

submissions made by the learned advocate appearing for the

applicant, there is some arguable case in favour of the

applicant, leave, as prayed for, is granted. This application is

allowed.

ORDER IN R/CRIMINAL APPEAL NO. 2283 of 2023

1. Issue Notice, returnable on 26.10.2023. Learned APP

waives service of notice on behalf of respondent-State.

2. Let R & P be called for, so as to reach before this Court on

or before the returnable date.

(M. K. THAKKER,J) M.M.MIRZA