State Of Gujarat vs Kishorsinh Bharatsinh Jadeja
2025 Latest Caselaw 5580 Guj

Gujarat High Court

State Of Gujarat vs Kishorsinh Bharatsinh Jadeja on 8 April, 2025

                                                                                                                   NEUTRAL CITATION




                            R/SCR.A/3671/2015                                       ORDER DATED: 08/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3671 of 2015

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                                                      STATE OF GUJARAT
                                                            Versus
                                                KISHORSINH BHARATSINH JADEJA
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                      Appearance:
                      MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR for the Applicant(s) No.
                      1
                      MR HARSHADRAY A DAVE(3461) for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 08/04/2025

                                                            ORAL ORDER

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner prayed to quash and set aside order dated 31.12.2014 passed by the learned 3 rd Addl. Sessions Judge, Khmbhaliya in Criminal Appeal NO.9 of 2011 and thereby revive order dated 11.3.2011 passed by the learned JMFC, Jamkhambhaliya in Criminal Case No.545 of 2005.

2. Heard learned advocates for the respective parties.

3. On perusal of the record, what could be noticed that criminal case was filed against the accused for the offences punishable u/s 323, 332 and 504 of the IPC. The learned JMFC after considering the evidence on record was pleased to convict the accused u/s 248(2) of the Code of Criminal Procedure, 1973 and was pleased to sentence him for RI for one year for the

NEUTRAL CITATION

R/SCR.A/3671/2015 ORDER DATED: 08/04/2025

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offence u/s 332 of the IPC, however, acquitted the accused for the offence punishable u/s 323 and 504 of the IPC by judgment and order dated 11.3.2011. Against the said order, the accused challenged the same before the learned Sessions Court by filing Criminal Appeal No.9 of 2011. The learned Sessions Court after hearing all the parties concerned, vide impugned judgment and order dated 31.12.2014 allowed the appeal by quashing and setting aside the order of the learned trial Court.

4. The State intended to challenge said judgment and order by filing Special Criminal Application under Article 226 and 227 of the Constitution of India r/w section 482 of the Code of Criminal Procedure, 1973. However, against the order of the learned Sessions Court, Criminal Revision Application u/s 397 r/w section 401 of the Code of Criminal Procedure, 1973 is maintainable and therefore, present petition requires to be dismissed.

5. In the result, present petition fails and stands dismissed. Rule discharged.

(J. C. DOSHI,J) SHEKHAR P. BARVE