State Of Gujarat vs Bichhubhai Jagubhai Dhadhal
2024 Latest Caselaw 4553 Guj

Gujarat High Court

State Of Gujarat vs Bichhubhai Jagubhai Dhadhal on 10 June, 2024

Author: Umesh A. Trivedi

Bench: Umesh A. Trivedi

                                                                            NEUTRAL CITATION




     R/CR.MA/9868/2024                        ORDER DATED: 10/06/2024

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     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
                    NO. 9868 of 2024
                              In
           R/CRIMINAL APPEAL NO. 1187 of 2024
                            With
          R/CRIMINAL APPEAL NO. 1187 of 2024
======================================
                     STATE OF GUJARAT
                            Versus
           BICHHUBHAI JAGUBHAI DHADHAL & ORS.
======================================
Appearance:
MR CHINTAN DAVE, ADDITIONAL PUBLIC PROSECUTOR for the
Applicant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6
======================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MR. JUSTICE CHEEKATI
       MANAVENDRANATH ROY

                          Date : 10/06/2024

                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

1. Heard Mr. Chintan Dave, learned Additional Public Prosecutor, for the applicant - State. Drawing attention of the Court to the discussion with regard to the reasoning, more particularly, paragraph 21 of the impugned judgment, it is submitted that without omission in the FIR brought on record and proved in accordance with law, the learned Judge has considered the deposition of the complainant - witness Mukeshbhai Shambubhai Makwana to hold that so far as

NEUTRAL CITATION

R/CR.MA/9868/2024 ORDER DATED: 10/06/2024

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dharia blow given by another person, nothing is mentioned in the FIR.

2. According to his submission, as such, use of the FIR is limited either to contradict or corroborate the witness, who has given the same. In no case any other use of the FIR, more particularly, as done by the learned Judge, can be permitted. Considering the submission, we deem it fit to grant leave. Hence, leave is granted.

3. With this, the present application stands disposed of

CRIMINAL APPEAL NO.1187 of 2024

After hearing the application for leave to Appeal, leave is granted today. Hence, the present Appeal is ADMITTED. Bailable warrant in the sum of Rs.10,000/- be issued against the respondents - accused.

(UMESH A. TRIVEDI, J.)

(CHEEKATI MANAVENDRANATH ROY, J.)

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