Gujarat High Court
State Of Gujarat vs Pravinbhai Shivprasadbhai Dave on 25 September, 2023
Bench: Nisha M. Thakore
NEUTRAL CITATION
R/CR.MA/2646/2022 ORDER DATED: 25/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 2646 of 2022
In R/CRIMINAL APPEAL NO. 285 of 2022
With
R/CRIMINAL APPEAL NO. 285 of 2022
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STATE OF GUJARAT
Versus
PRAVINBHAI SHIVPRASADBHAI DAVE
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Appearance:
MS. VRUNDA C. SHAH, APP for the Applicant(s) No. 1
MS. DEVANGI SOLANKI FOR MR NV GANDHI(1693) for the Respondent(s)
No. 1,2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 25/09/2023
ORAL ORDER
ORDER IN R/CRIMINAL MISC. APPLICATION NO. 2646 of 2022
1. Heard Ms. Vrunda C. Shah, learned APP appearing for the
applicant-State and learned advocate Ms. Devangi Solanki, who has
appeared on behalf of Mr. N.V. Gandhi, learned advocate on record for
the respondent Nos.1 and 2-original accused.
2. Rule returnable forthwith. Learned advocate Ms. Devangi
Solanki, who has appeared on behalf of learned advocate Mr. N.V.
Gandhi, waives service of notice of rule on behalf of respondents-
accused.
NEUTRAL CITATION
R/CR.MA/2646/2022 ORDER DATED: 25/09/2023
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3. By way of the present application, the applicant-State has
challenged the judgment and order of acquittal dated 22.07.2021
passed by learned Sessions Judge, Bhavnagar in Sessions Case No.141
of 2019 acquitting the present respondents for the offence alleged
under Sections 323, 324, 504 and 114 of the I.P.C. and Section 135 of
the G.P. Act.
4. Learned APP appearing for the applicant-State has drawn
attention of this Court to the report dated 19.06.2023 submitted by I/
C Police Inspector, Palitana Town Police Station. At the outset,
learned APP appearing for the applicant-State has submitted that in
case of cross complaint, which was registered as I-C.R.No.23 of 2019
for the alleged offence registered with Palitana Town Police Station.
At the end of the investigation, the same had culminated into the
criminal case, which was registered as Sessions Case No.98 of 2019. In
the aforesaid case, the respondent/original accused- Dilubhai
Kanubhai Langavadra was convicted and was awarded sentence for 10
years. Against the aforesaid order of conviction, the original accused
has approached this Court by filing appeal, which is registered as
Criminal Appeal No.1113 of 2021. The copy of the order of admission
has been placed for consideration before this Court. She therefore,
urged this Court to grant leave to appeal and to admit this appeal.
NEUTRAL CITATION
R/CR.MA/2646/2022 ORDER DATED: 25/09/2023
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5. Considering the submissions of learned APP appearing for the
applicant-State and having perused the impugned judgment and order
as well as the report placed for consideration, the present matter
requires consideration. Hence, the present application seeking leave
to appeal is hereby granted. Rule is made absolute.
ORDER IN R/CRIMINAL APPEAL NO. 285 of 2022
Admit.
Notice of admission returnable on 27.02.2024. Learned
advocate Ms. Devangi Solanki, who has appeared on behalf of learned
advocate Mr. N.V. Gandhi, waives service of notice of rule on behalf of
respondents-accused.
Registry is directed to call for record & proceedings from the
concerned trial court so as to reach this Court before the next date of
hearing.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
