Sharifaben Fajluraheman Shaikh vs Firojbhai Ismailbhai Damni
2025 Latest Caselaw 8663 Guj

Gujarat High Court

Sharifaben Fajluraheman Shaikh vs Firojbhai Ismailbhai Damni on 2 December, 2025

                                                                                                               NEUTRAL CITATION




                             R/CR.MA/1359/2025                                   ORDER DATED: 02/12/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                        R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1359 of 2025
                                                       In
                                        F/CRIMINAL APPEAL NO. 47881 of 2024
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                                              SHARIFABEN FAJLURAHEMAN SHAIKH
                                                                 Versus
                                               FIROJBHAI ISMAILBHAI DAMNI & ANR.
                       ==============================================================================
                       Appearance:
                       MS. BHAVNA D ACHARYA(6406) for the Applicant(s) No. 1
                       MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 2
                       ================================================================
                            CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
                                             Date : 02/12/2025
                                              ORAL ORDER

1. This is an application filed for seeking leave to appeal against the judgment and order of acquittal dated 23.10.2024 passed by learned Additional Chief Judicial Magistrate, Khambhat in Private Criminal Case No.2220 of 2018.

2. Learned advocate for the applicant seeks permission to withdraw the present application as well as connected appeal to file appeal before the concerned Court, in view of the judgment of the Apex Court in case of M/s. Celestium Financial V.A. Gnanasekaran arising out of Special Leave Petiton (Cri.) Nos.137 - 139 / 2025, with the liberty that the period that may be consumed may not be counted as delay in filing such appeal.

3. In view of the above, permission as prayed for, is granted. The applicant can file appropriate appeal before the concerned Court. The present application as well as connected appeal are disposed of as withdrawn, with the aforesaid liberty with a rider that, after withdrawl of the present application and the appeal, necessary proceedings be initiated / filed within a period of four months from the date of receipt of copy of this order. It is clarified that the period that may be consumed in filing the present appeal may not be counted as delay in filing such appeal before the concerned Court.

(SANJEEV J.THAKER,J) Manoj Kumar Rai