The State Of Gujarat vs Laxmanbhai Hirabhai Makwana
2025 Latest Caselaw 2132 Guj

Gujarat High Court

The State Of Gujarat vs Laxmanbhai Hirabhai Makwana on 27 January, 2025

Author: A.Y. Kogje

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

                                                                                                               NEUTRAL CITATION




                            R/CR.MA/1947/2025                                    ORDER DATED: 27/01/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1947 of
                                                    2025
                                   In F/CRIMINAL APPEAL NO. 33886 of 2023

                      ==========================================================
                                                THE STATE OF GUJARAT
                                                        Versus
                                         LAXMANBHAI HIRABHAI MAKWANA & ORS.
                      ==========================================================
                      Appearance:
                      MS. MONALI BHATT, APP for the Applicant(s) No. 1
                      ==========================================================

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

                                                          Date : 27/01/2025

                                                ORAL ORDER

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

1. This application is filed under Section 378(3) of the Code of

Criminal Procedure seeking leave to appeal against the impugned

judgment and order of acquittal dated 25-07-2022 passed by the

Additional Sessions Judge, Panchmahals at Halol in Sessions Case

No.168/2017 (Old Sessions Case No.52/2015, Sessions Court,

Godhra).

2. The application is filed by the State and this Court in its

NEUTRAL CITATION

R/CR.MA/1947/2025 ORDER DATED: 27/01/2025

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order dated 25.09.2024 passed in Criminal Misc. Application

No.14092 of 2024 and allied matters has held that considering the

provision, filing of the application seeking leave to appeal is not

necessary. 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.

3. In view of the aforesaid, the Registry is directed to permit

learned APP appearing for the State-applicant to amend the prayer

clause of the appeal memo to include the prayer seeking leave to

appeal.

(A.Y. KOGJE, J)

(SAMIR J. DAVE,J) PARESH SOMPURA