Gujarat High Court
Mukeshbhai Chhaganlal Gandhi vs Vrujeshkumar Ranjitlal Maval on 23 July, 2019
Author: R.P.Dholaria
Bench: R.P.Dholaria
R/CR.MA/13361/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13361 of 2019
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MUKESHBHAI CHHAGANLAL GANDHI
Versus
VRUJESHKUMAR RANJITLAL MAVAL
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Appearance:
MR KASHYAP R JOSHI(2133) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS.HANSA PUNANI APP(2) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 23/07/2019
ORAL ORDER
[1] This is an application preferred by the applicant under section 378 (4) of the Code of Criminal Procedure 1973 for leave to appeal against the judgment and order of acquittal dated 08.01.2019 passed in Criminal Case No.347 of 2009 by learned Judicial Magistrate, First Class, Hansot.
[2] Rule. Ms.H.B.Punani, learned A.P.P. waives service of notice of Rule for the respondent - State.
[3] Heard learned advocate for the applicant and learned A.P.P. for the respondent - State.
[4] Considering the averments made in the application supported by the affidavit as well as arguments advanced by learned advocate for the applicant that the accused had not responded to the statutory notice and the learned trial Court has wrongly recorded the findings, leave to appeal deserves to be granted. Accordingly, this application is allowed in terms of Para 7(A). Rule is made absolute.
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