Dilipbhai Chhotubhai Patel vs State Of Gujarat
2023 Latest Caselaw 6498 Guj

                                                                                     NEUTRAL CITATION




     R/CR.MA/2683/2023                                 ORDER DATED: 05/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 2683 of 2023

                   In R/CRIMINAL APPEAL NO. 284 of 2023
                                  With
                    R/CRIMINAL APPEAL NO. 284 of 2023
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                         DILIPBHAI CHHOTUBHAI PATEL
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR.MINHAJ M SHAIKH(6847) for the Applicant(s) No. 1
CHHATRADHARI G PASI(8891) for the Respondent(s) No. 2
Ms. Monali Bhatt, Addl.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
VASIMRAJA A KURESHI(8609) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 05/09/2023

                                ORAL ORDER

1. Heard Mr. Minhaj Shaikh, learned advocate for the applicant- original complainant and Mr. Vasimraja Kureshi, learned advocate for the respondent- accused.

2. This application is filed under Section 378(4) of the Code of Criminal Procedure seeking leave against the judgment and order dated 21.09.2021 passed by the learned 15 th Additional Civil Judge and Chief Judicial Magistrate, Vadodara in Criminal Case No.36626 of 2010.

3. This application seeking leave to appeal has been vehemently objected by the learned advocate for the respondent- accused pointing out the fact that in the cognate matter arising

NEUTRAL CITATION

R/CR.MA/2683/2023 ORDER DATED: 05/09/2023

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out of the same transaction, the learned Magistrate has recorded acquittal upon appreciation of the evidence brought on record. It is further submitted that no appeal has been filed till date challenging the aforesaid order of acquittal. He, therefore, submitted that no fruitful purpose would be served if the original complaint is restored in the facts of the case.

4. Having heard the learned advocates for the respective parties and having perused the impugned order, prima faice, the Court notices that order of dismissal of complaint passed under Section 256 of the Code of Criminal Procedure at the stage of cross examination of the complainant on failure of the appearance of the complainant, has resulted into technical acquittal of the respondent-accused. The complainant has been non-suited on technical ground. In the opinion of this Court, matters requires consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Order in Criminal Appeal:

Issue notice for final disposal, making it returnable on 21.09.2023. Learned Additional Public Prosecutor waives service of notice on behalf of respondent State and Mr.Vasimraja Kureshi, learned advocate waives service of notice on behalf of the respondent - accused.

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD