Narshibhai Mathurbhai Katariya vs State Of Gujarat
2023 Latest Caselaw 7363 Guj

                                                                                        NEUTRAL CITATION




     R/CR.MA/3624/2021                                    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. 3624 of
                            2021

                                   With
                     R/CRIMINAL APPEAL NO. 2281 of 2023
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                         NARSHIBHAI MATHURBHAI KATARIYA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
SIDDHANT R SHAH(8722) for the Applicant(s) No. 1
MR A. U. SAPHIYA(9891) for the Respondent(s) No. 2
MR.BHARGAV PANDYA, APP 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 Criminal Misc. Application No.3624 of 2021:-

1. Rule. Learned APP waives service of notice of rule on bahalf of respondent - State.

2. This is an application 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, passed by the learned 7th Additional Chief Judicial Magistrate, Surat, dated 24.01.2020 in Criminal

NEUTRAL CITATION

R/CR.MA/3624/2021 ORDER DATED: 05/10/2023

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Case No. 11623 of 2017.

3. Heard learned advocates for the respective parties.

4. Learned advocate Mr. Tirmizi appearing for the accused respondent no.2 submits that he has no objection if leave to appeal is granted and appeal is admitted.

5. In view of above, application for leave to appeal is granted. Rule is made absolute accordingly.

Order in Criminal Appeal No.2281 of 2023:-

1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State.

2. As Mr. Tirmizi is appearing for the accused, bailable warrant is not required to be issued.

(M. K. THAKKER,J) NABILA