Baudinbhai Babubhai Rathod vs State Of Gujarat
2025 Latest Caselaw 1921 Guj

Gujarat High Court

Baudinbhai Babubhai Rathod vs State Of Gujarat on 13 January, 2025

Author: A.Y. Kogje

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

                                                                                                          NEUTRAL CITATION




                            R/CR.MA/25161/2024                              ORDER DATED: 13/01/2025

                                                                                                          undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 25161
                                                    of 2024
                                    In F/CRIMINAL APPEAL NO. 25520 of 2024
                       ===============================================================
                                                    BAUDINBHAI BABUBHAI RATHOD
                                                               Versus
                                                      STATE OF GUJARAT & ORS.
                       ================================================================
                       Appearance:
                       BHARATKUMAR A DESAI(8513) for the Applicant(s) No. 1
                       MS. MONALI BHATT, APP, for the Respondent(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. This application is filed seeking leave to file an appeal against the judgment and order of acquittal recorded by the Special and Additional Sessions Judge, Kodinar dated 26.12.2019 passed in Session Case No.11 of 2018.

2. The applicant before the Court is the victim. It appears that though the affidavit was sworn on 15.09.2023, the application and the appeal were actually registered on 09.07.2024 i.e. to say after coming into effect of the BNSS. Learned advocate therefore, at this stage seeks permission to amend the cause-title to mention the correct provisions of law. Hence, leave is granted.

3. This Court by an order dated 25.09.2024 passed in Criminal Misc. Application No.14092 of 2024 and allied matters has taken a view with regard to filing of an application for Special leave to appeal specifically where the applicant/appellant before the Court

NEUTRAL CITATION

R/CR.MA/25161/2024 ORDER DATED: 13/01/2025

undefined

is a victim invoking Section 372 of the Code of Criminal Procedure.

4. In view of the aforesaid order, in the opinion of the Court, this application is not an essential requirement for the victim to challenge the judgment and order of the acquittal.

5. In view of the aforesaid, present application stands disposed of in terms of our order dated 25.09.2024 passed in Criminal Misc. Application No.14092 of 2024 and allied matters.

6. Learned advocate is permitted to amend the cause-title of the appeal as well. Registry to list the main appeal in due course.

(A.Y. KOGJE, J)

(SAMIR J. DAVE,J) SIDDHARTH