State Of Gujarat vs Rupsangaji Hirasangaji Jadeja
2024 Latest Caselaw 780 Guj

Gujarat High Court

State Of Gujarat vs Rupsangaji Hirasangaji Jadeja on 30 January, 2024

                                                                                  NEUTRAL CITATION




     R/CR.MA/4618/2022                              ORDER DATED: 30/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 4618 of
                              2022
              In R/CRIMINAL APPEAL NO. 497 of 2022
                              With
                R/CRIMINAL APPEAL NO. 497 of 2022
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                              STATE OF GUJARAT
                                     Versus
                         RUPSANGAJI HIRASANGAJI JADEJA
==========================================================
Appearance:
MS MONALI BHATT APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3
==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                Date : 30/01/2024

                                 ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION:

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 3rd Additional Sessions Judge, Bhuj - Kutch dated

23.09.2021 in Sessions Case No.54 of 2016.

2. Heard, the learned A.P.P. appearing for the applicant -

original complainant and perused the impugned judgment and

order of the trial Court.

NEUTRAL CITATION

R/CR.MA/4618/2022 ORDER DATED: 30/01/2024

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3. Considering the fact that the son of the complainant

namely, Ranjitsinh Rasubha Jadeja was convicted in the cross

F.I.R. and against the judgment and order of conviction,

Criminal Appeal No.1647 of 2021 is preferred and the same is

pending for final disposal, this Court finds that this is a fit case

to allow this application, therefore, leave, as prayed for, is

granted. This application is allowed.

ORDER IN CRIMINAL APPEAL:

1. The appeal is admitted.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees

Five Thousand only) against the respondent - original accused.

3. Record and proceedings be called for from the concerned

court. Registry is directed to list the Criminal Appeal in

seriatim.

4. To be heard with Criminal Appeal No.1647 of 2021.

(M. K. THAKKER,J) Hitesh