Gujarat High Court
State Of Gujarat vs Premjibhai Pitambarbhai on 24 January, 2013
Author: D.H.Waghela
Bench: D.H.Waghela
STATE OF GUJARAT....Applicant(s)V/SPREMJIBHAI PITAMBARBHAI ODIA R/CR.MA/7052/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 7052 of 2012 In CRIMINAL APPEAL NO. 671 of 2012 With CRIMINAL APPEAL NO. 671 of 2012 ================================================================ STATE OF GUJARAT....Applicant(s) Versus PREMJIBHAI PITAMBARBHAI ODIA & 1....Respondents ================================================================ Appearance: MR K P RAVAL ADDL PUBLIC PROSECUTOR for the Applicant MR SANDEEP N BHATT, ADVOCATE for the Respondents No. 1 - 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE D.H.WAGHELA and HONOURABLE MR.JUSTICE G.R.UDHWANI Date : 24/01/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE D.H.WAGHELA) Leave to amend the cause-title so as to show the State of Gujarat as applicant.
2. The applicant State has sought to challenge in appeal the judgment and order dated 23/01/2012 of learned Additional Sessions Judge, Morbi in Sessions Case No.20 of 2011, whereby the respondents herein have been acquitted of the charge of offences punishable under Sections 376, 323, 506(2), 507 and 114 of the Indian Penal Code. Not only that, the original complaint itself was filed after more than three months of the alleged offences, the trial Court has after elaborate discussion of the evidence led for the prosecution come to the conclusion that none of the offences were proved. It was pointed out by learned Counsel Mr.Sandhip Bhatt, appearing for the respondents that the original complainant / victim had filed her own Criminal Appeal No.1250 of 2012 under Section 372 of the Code of Criminal Procedure and that appeal has been dismissed on 07/08/2012 by an elaborate order of another Division Bench of this Court.
3. Under the circumstances, no reason is made out to grant leave to appeal in the present proceedings and, accordingly the application is dismissed and consequently the appeal also stands dismissed.
(D.H.WAGHELA, J.) (G.R.UDHWANI, J.) sompura Page 2 of 2