Gujarat High Court
Dhaval @ Dhaval Kumar Bharatbhai Bhatt vs State Of Gujarat on 21 June, 2024
NEUTRAL CITATION
R/CR.MA/3044/2024 ORDER DATED: 21/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3044 of
2024
In R/CRIMINAL APPEAL NO. 1313 of 2024
With
R/CRIMINAL APPEAL NO. 1313 of 2024
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DHAVAL @ DHAVAL KUMAR BHARATBHAI BHATT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. JAVED S QURESHI(6999) for the Applicant(s) No. 1
MR JAY MEHTA,ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
UNSERVED REFUSED (R) for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 21/06/2024
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL)
NO. 3044 of 2024
1. Learned advocate Mr.Javed Qureshi for the applicant
submits that the judgment and order of acquittal was
passed by the learned trial Court on technical ground by
exercising the power under Section 256 of the Code of
Criminal Procedure, 1973 dismissing the complaint on the
ground that though the warrants were issued and the
same were not served to the respondent-accused and
therefore, the complainant failed to secure the presence
of the respondent-accused. Learned advocate Mr.Qureshi
submits that the service of Rule, which was issued was
refused to accept by the respondent No.2 and affidavit in
that regard was filed by the complainant. Learned
advocate Mr.Qureshi submits that though the accused is
having knowledge with regard to the pendency of the
proceedings, only to evade the service of the
summons/warrants, he did not remain present before the
learned trial Court.
NEUTRAL CITATION
R/CR.MA/3044/2024 ORDER DATED: 21/06/2024
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2. Learned advocate Mr.Qureshi submits that prior to the
date of the impugned judgment and order, on previous
occasion learned court was on leave and before that the
complainant has remained present and has produced the
fresh address of the respondent-accused.
3. Learned advocate Mr.Qureshi submits that only for the
single default, the learned trial Court has acquitted the
respondent-accused and therefore, he prays to allow this
application for seeking leave to prefer an appeal and to
admit the appeal.
4. Considering the submissions, this Court deems it fit to
allow this application for seeking leave to prefer an
appeal. Hence, present application is allowed. Leave to
prefer an appeal is granted.
ORDER IN R/CRIMINAL APPEAL NO. 1313 of 2024
1. The appeal is admitted.
2. Let Notice for final disposal be issued, making it
returnable on 08.07.2024. Learned APP Mr.Mehta waives
service of notice on behalf of the respondent-State.
3. Issue Bailable Warrant in the sum of Rs.5,000/-
(Rupees Five Thousand Only) against the respondent-
original accused.
4. Record and Proceedings shall be called for.
(M. K. THAKKER,J)
M.M.MIRZA
