State Of Gujarat vs Amarsingbhai @ Bhagdu Hatiyabhai ...
2024 Latest Caselaw 8881 Guj

Gujarat High Court

State Of Gujarat vs Amarsingbhai @ Bhagdu Hatiyabhai ... on 27 September, 2024

Author: A.Y. Kogje

Bench: A.Y. Kogje, Samir J. Dave

                                                                                                            NEUTRAL CITATION




                            R/CR.MA/17924/2024                                ORDER DATED: 27/09/2024

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 17924
                                                    of 2024
                                    In F/CRIMINAL APPEAL NO. 23436 of 2024
                                                     With
                                      F/CRIMINAL APPEAL NO. 23436 of 2024
                       ================================================================
                                               STATE OF GUJARAT
                                                     Versus
                                 AMARSINGBHAI @ BHAGDU HATIYABHAI RATHWA & ORS.
                       ===============================================================
                       Appearance:
                       MS.MEGHA CHITALIYA, APP, for the Applicant(s) No. 1
                       MS. MAYURI P CHAUHAN(7069) for the Respondent(s) No. 1
                       ===============================================================
                          CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                and
                                HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                               Date : 27/09/2024
                                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

ORDER IN CRIMINAL MISC. APPLICATION

This application is filed under Section 378(3) of the Code of Criminal Procedure seeking leave to appeal against the judgment and order dated 29.02.2024 passed in Sessions Case No.19 of 2020 by the learned Sessions Judge, Chhotaudepur. The application is filed by the State and this Court in its order dated 25.09.2024 passed in Criminal Misc. Application No.14092 of 2024 and allied matters has held that considering the provision, filing of the application seeking leave to appeal is not necessary. Hence, the present application stands disposed of in terms of the 25.09.2024 passed in Criminal Misc. Application No.14092 of 2024 and allied.

NEUTRAL CITATION

R/CR.MA/17924/2024 ORDER DATED: 27/09/2024

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In view of the aforesaid, the Registry is directed to permit the appellant/advocate to amend the prayer clause of the appeal memo to include the prayer seeking leave to appeal.

ORDER IN APPEAL

Considering the date of filing, the Registry may consider this Circular No.RJ/33/2024 dated 13-08-2024, permit the learned Advocate of the appellant / applicant to carry out the necessary amendment to specifically mentioned the correct provision of law under the Bharatiya Nagarik Suraksha Sanhita, 2023.

(A.Y. KOGJE, J)

(SAMIR J. DAVE,J) SIDDHARTH