State Of Gujarat vs Mahendrasing S/O Karansing Ramjilal ...
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Gujarat High Court

State Of Gujarat vs Mahendrasing S/O Karansing Ramjilal ... on 13 January, 2025

Author: A.Y. Kogje

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

                                                                                                            NEUTRAL CITATION




                            R/CR.MA/1017/2025                                 ORDER DATED: 13/01/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1017 of
                                                    2025
                                   In F/CRIMINAL APPEAL NO. 35186 of 2024
                      ==========================================================
                                             STATE OF GUJARAT
                                                   Versus
                              MAHENDRASING S/O KARANSING RAMJILAL TANVAR (ZAT)
                      ==========================================================
                      Appearance:
                      MR. L. B. DABHI, APP for the Applicant(s) No. 1
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                 and
                                 HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                                          Date : 13/01/2025

                                                  ORAL ORDER

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

1. As this Court has condoned the delay of 43 days causing in preferring leave to appeal, the Registry is directed to give number to Criminal Misc.Application for seeking leave to appeal.

2. This application is filed under Section 419(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking leave to appeal against the impugned judgment of acquittal dated 26-04-2024 passed by the Principal District and Sessions Judge, Kheda at Nadiad in Sessions Case No.18 of 2024. By the impugned judgment and order, the respondent-accused was ordered to be acquitted of the offences 302, 201, 392, 120(b), 34, 406, 420, 465, 467, 468, 471, 411, 413 of Indian Penal Code.

NEUTRAL CITATION

R/CR.MA/1017/2025 ORDER DATED: 13/01/2025

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3. This Court in its order dated 25.09.2024 passed in Criminal Misc. Application No.14092 of 2024 and allied matters has taken a view that for the State to prefer Appeal against acquittal for offences 302, 201, 392, 120(b), 34, 406, 420, 465, 467, 468, 471, 411, 413 of Indian Penal Code, filing of separate application seeking leave to appeal is not essential. Hence, the present application stands disposed of in terms of order dated 25.09.2024 passed in Criminal Misc. Application No.14092 of 2024 and allied matters.

4. In view of the aforesaid, the State is permitted to amend the prayer clause in the Appeal Memo to include the prayer seeking leave to appeal.

5. The Registry is directed to list the Appeal in due course.

(A.Y. KOGJE, J)

(SAMIR J. DAVE,J) PARESH SOMPURA