A D Udvani (Anand Dinesh Udwani) vs State Of Gujarat
2023 Latest Caselaw 7361 Guj

                                                                               NEUTRAL CITATION




     R/CR.MA/14526/2023                          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. 14526
                            of 2023
             In R/CRIMINAL APPEAL NO. 2282 of 2023
                             With
               R/CRIMINAL APPEAL NO. 2282 of 2023
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                      A D UDVANI (ANAND DINESH UDWANI)
                                    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

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14526 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.1493 of 2016.

2. Learned advocate Mr.Jay Shah for learned advocate

Mr.Savan Pandya submits that the learned Court had passed

an order under Section 256 of the Code of Criminal Procedure,

1973, on the ground that the complainant is remaining absent.

NEUTRAL CITATION

R/CR.MA/14526/2023 ORDER DATED: 05/10/2023

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Learned advocate had relied on the rojkaam, wherein it

transpires that on 03.08.2022 the advocates from both the

sides were present and the matter was kept on 05.09.2022.

Again, on 05.09.2022 advocate of the accused was absent and

the complainant's advocate was present, the matter was

adjourned on 06.10.2022. On 06.10.2022 the Court was on

leave therefore, the matter was kept on 03.11.2022. On

03.11.2022 there was no any presence recorded in the

rojkaam of the advocate of the complainant. However, it is

mentioned that advocate of the accused was present and the

matter was kept on 19.11.2022. The impugned order was

passed on 19.11.2022. The learned advocate submits that on

19.11.2022 he was not remained present. He further submits

that the complaint was filed by the Food Safety Officer,

Gandhidham Nagarpalika. Due to inadvertent mistake, neither

the complainant nor his advocate remained present. Learned

advocate further submits that he undertakes that if this order

is quashed and the matter is remanded back to the learned

Court, he would not seek any unnecessary adjournment.

2. Considering the averments made in the application and

submissions made by the learned advocate appearing for the

NEUTRAL CITATION

R/CR.MA/14526/2023 ORDER DATED: 05/10/2023

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applicant, there is some arguable case in favour of the

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

allowed. Present application stands disposed of.

ORDER IN R/CRIMINAL APPEAL NO. 2282 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