Gujarat High Court
Vishal Gopal Gohel (Authorised Person ... vs State Of Gujarat on 19 January, 2021
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
R/CR.MA/24168/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 24168 of 2019
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VISHAL GOPAL GOHEL (AUTHORISED PERSON OF DEV SHREE
NETWORK PVT. LTD)
Versus
STATE OF GUJARAT
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Appearance:
MR ISHAN MIHIR PATEL(6508) for the Applicant(s) No. 1
MR. CHINTAN A JANI(7168) for the Applicant(s) No. 1
MR Y J PATEL(3985) for the Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI
Date : 19/01/2021
ORAL ORDER
1. It has been noticed by the Court that Registry is listing only applications seeking leave to appeal in case of Appeals filed by the private parties under section 378 of the Code of Criminal Procedure.
2. In may be noted that in case of State of Gujarat Vs. Kailashchandra Badriprasad, reported in 2000 (3) GLR 2487, the Full Bench has observed as under: "41. It goes without saying that the Limitation Act, 1963 applies in filing criminal appeals or applications and in case of delay, the application is required to be preferred for condonation of delay. In view of this decision, it cannot be said that in case of the State Page 1 of 3 Downloaded on : Fri Jan 22 01:42:51 IST 2021 R/CR.MA/24168/2019 ORDER being an appellant, leave application can be preferred within a period of three years, and after the leave being granted, the appeal can be preferred within reasonable period as held by the Division Bench in A. B. Pathan's case (supra). As pointed out earlier, there is no need to prefer an application for leave to appeal under Section 378(1) or (2) as it is required in case under Subsection (4) of Section 378 of the Code.
42. In our view, once the leave is granted, the appeal is required to be admitted. Even in case of an appeal preferred against an order of acquittal passed in a case instituted otherwise than on a police report, when application under Subsection (4) of section 378 is granted, the appeals are admitted without further hearing. So far as the appeal preferred under section 378(1) is concerned, along with the leave granted by the Court, the appeal should be admitted. If this course is not adopted, it would cause greater hardship to the lawyers and that would be waste of public time. In case, if the application is preferred and is disposed of by granting leave, the appeal will be required to be placed for admission. It may happen that the leave has been granted by one Bench and the appeal may be placed for admission of appeal before another Bench. This process would amount to nothing but waste of public time. Therefore, in absence of specific provision, it cannot be read in Subsection (3) of section 378, that Page 2 of 3 Downloaded on : Fri Jan 22 01:42:51 IST 2021 R/CR.MA/24168/2019 ORDER application is to be filed. Wherever it was necessary, the legislature has made a provisions for application for leave to appeal e.g., the provisions contained in Subsection (4) & (5) of section 378."
3. In view of the aforesaid observations made by the Full Bench, there is no need to prefer an application for leave to appeal under section 378(1) or (2) of the Code of Criminal Procedure, as it is required in case under Subsection (4) of section 378 of the Code. It has also been observed therein that once the leave is granted, the appeal is required to be admitted.
4. In view of the above observations made by the Full Bench, the office is required to list the Criminal Appeals for admission alongwith the applications seeking leave to appeal filed under section 378 of Code of Criminal Procedure.
5. The Registrar (Judicial), High Court of Gujarat is directed to look into the matter and do the needful.
6. Put up on 21.01.2021.
(BELA M. TRIVEDI, J) MEHUL B. TUVAR Page 3 of 3 Downloaded on : Fri Jan 22 01:42:51 IST 2021