Gujarat High Court
Imran Salemamad Odheja vs State Of Gujarat on 25 April, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje, Samir J. Dave
NEUTRAL CITATION
R/CR.A/2307/2019 ORDER DATED: 25/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2307 of 2019
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
1 of 2024
In R/CRIMINAL APPEAL NO. 2307 of 2019
With
R/CRIMINAL APPEAL NO. 145 of 2019
==========================================================
IMRAN SALEMAMAD ODHEJA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR SALIM M SAIYED(5172) for the Appellant(s) No. 1
MR SHAAN M MUNSHAW(10825) for the Opponent(s)/Respondent(s) No.
2,3,4,5,6,7
MR. L. B. DABHI, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 25/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application and the Appeal are placed before the Court
for disposal of the Appeal on the ground that the appellant -
original complainant does not want to prosecute further with the
Appeal filed against the acquittal of the accused persons-
respondents herein.
NEUTRAL CITATION
R/CR.A/2307/2019 ORDER DATED: 25/04/2025
undefined
2. From the record, it appears that one of the accused
(respondent No.4 herein) has been convicted for offence under
Section-307 and 324 of IPC and qua him, for such conviction,
Criminal Appeal No.145 of 2019 has been preferred by the
convicted - accused. It appears that in view of the pending
Criminal Appeal against acquittal, Criminal Appeal No.145 of 2019
by the convicted accused has been tagged with the present Appeal.
3. This Court is dealing with only Appeal preferred by the
appellant against acquittal of all the accused except for respondent
No.4 and therefore, as is prayed for in Criminal Misc.Application
No.1 of 2024 in Criminal Appeal No.2307 of 2019, the matter is
taken up for final disposal. In the application, averments made in
Para-2, 3 and 4 indicating the circumstances under which the
appellant is not desires to prosecute further Criminal Appeal
No.2307 of 2019.
4. The operative portion of the impugned judgment and order
reads as under:
:: Order ::
"(1) Accused No.4 - Khushal alias Mukesh Hanshraj Joshi, in
the present case, residing at Near Sumatinath Complex,
Babawadi, Mandvi-Kutch, is ordered to be found convicted in
accordance with Section 235(2) of the Code of Criminal
Procedure, 1973, in relation to offences punishable under
Sections 307, 324 of the Indian Penal Code."
NEUTRAL CITATION
R/CR.A/2307/2019 ORDER DATED: 25/04/2025
undefined
5. In view of the aforesaid circumstances, Criminal Appeal
No.2307 of 2019 is ordered to be disposed of.
6. Accordingly, Criminal Misc.Application No.1 of 2024 in
Criminal Appeal No.2307 of 2019 stands disposed of.
7. The Registry is directed to place Criminal Appeal No.145 of
2019 before the appropriate Court as per Roster.
8. It is reported that the State has also not preferred any Appeal
against acquittal under judgment and order dated 17-01-2019 passed
in Sessions Case No.10 of 2014 by the Additional Sessions Judge,
Kutch at Bhuj.
(A.Y. KOGJE, J)
(SAMIR J. DAVE,J)
PARESH SOMPURA
