Santosh Rameshbhai Jadav vs State Of Gujarat
2024 Latest Caselaw 5499 Guj

Gujarat High Court

Santosh Rameshbhai Jadav vs State Of Gujarat on 25 June, 2024

                                                                                        NEUTRAL CITATION




   R/CR.MA/5482/2024                                     ORDER DATED: 25/06/2024

                                                                                        undefined




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 5482 of
                            2024

                  In R/CRIMINAL APPEAL NO. 1337 of 2024

                                 With
                   R/CRIMINAL APPEAL NO. 1337 of 2024
==========================================================
                         SANTOSH RAMESHBHAI JADAV
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR ANMOL S PUROHIT(10058) for the Applicant(s) No. 1
for the Respondent(s) No. 3
KRUNAL S MEHTA(9227) for the Respondent(s) No. 2
MR.JAY MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                  Date : 25/06/2024

                                   ORAL ORDER

1. Learned advocate Mr.Anmol S.Purohit submits that

judgment and order of the learned trial court dismissing

the complaint by exercising the power under section 256

of the Criminal Procedure Code, 1973(hereinafter

referred to as the "Cr.P.C.") passed on the ground that

complainant did not remain present on 30.09.2023 and

the presence of accused No.2 could not be secured

neither the process was served.

NEUTRAL CITATION

R/CR.MA/5482/2024 ORDER DATED: 25/06/2024

undefined

1.1. Learned advocate Mr.Purohit submits that except

the date of the impugned order, on all occasions the

complainant remained present and that facts reflect

from the Rojkaam. Learned advocate Mr.Purohit

submits that so far as securing the presence of

accused No.2 is concerned, accused No.1 is the father

of accused No.2 who appeared before the learned trial

court and has represented through the pleader.

Learned advocate Mr.Purohit submits that for the

single default, the learned trial court has exercised the

power dismissing the complaint for non prosecution.

2. In view of the above submissions, this Court deems it fit

to allow this application for seeking leave to prefer an

appeal.

3. Hence this application for seeking leave to prefer an

appeal is allowed. Leave to prefer an appeal is granted.

ORDER IN R/CRIMINAL APPEAL NO. 1337 of 2024

1. The appeal is admitted. Learned APP Mr.Jay Mehta waives

service of notice of admission on behalf of respondent-

State. Learned advocate Mr.Krunal S.Mehta waives

service of notice of admission on behalf of respondent

No.2.

NEUTRAL CITATION

R/CR.MA/5482/2024 ORDER DATED: 25/06/2024

undefined

2. Issue Bailable Warrant in the sum of Rs.5,000/- (Rupees

Five Thousand Only) against the respondent No.3.

3. Record and Proceedings shall be called for. Matter be

listed on 23.07.2024.

(M. K. THAKKER,J) NIVYA A. NAIR