Narshibhai Mathurbhai Katariya vs State Of Gujarat
2023 Latest Caselaw 7399 Guj

                                                                                   NEUTRAL CITATION




     R/CR.MA/3627/2021                               ORDER DATED: 06/10/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3627 of
                            2021

                                   With
                     R/CRIMINAL APPEAL NO. 2290 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
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                 Date : 06/10/2023

                                  ORAL ORDER

Order In Criminal Misc. Application No.3627 Of 2021:-

1. 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 Case No. 11622 of 2017.

2. Heard learned advocates for the respective parties.

3. Learned advocate Mr.Tirmizi appearing for the accused

NEUTRAL CITATION

R/CR.MA/3627/2021 ORDER DATED: 06/10/2023

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respondent no.2 submits that he has no objection if leave to

appeal is granted and appeal is admitted.

4. In view of above, application for leave to appeal is

granted.

Order in Criminal Appeal No.2290 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) M.M.MIRZA