Gujarat High Court
Manharbhai Mohanlal Bhatt vs State Of Gujarat & on 26 February, 2014
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
R/CR.MA/12839/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 12839
of 2013
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MANHARBHAI MOHANLAL BHATT....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PARTHIV B SHAH, ADVOCATE for the Applicant(s) No. 1
MS. MONALI BHATT, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 26/02/2014
ORAL ORDER
1. Rule. Learned APP Ms. Monali Bhatt waives service of notice of Rule for Respondent No.1State.
2. Present Criminal Misc. Application has been filed by the applicantoriginal complainant under Section 378 (4) of the Code Criminal Procedure, 1973 seeking special leave to appeal challenging the impugned judgment and order of acquittal passed in Criminal Case No.6092 of 2009 by learned Judicial Magistrate First Class, Vadodara, dated 04.10.2011, on the grounds stated in the application.
3. Heard learned Advocate Shri Parthiv Shah for the applicant and learned APP Ms. Monali Bhatt for the Respondent No.1State.
4. Having perused the impugned judgment and order and the reason recorded for the findings and conclusion arrived at and learned Advocate Shri Parthiv Shah has stated that no such Page 1 of 2 R/CR.MA/12839/2013 ORDER application has ever been served to him or his advocate. In the facts and circumstances, the present application seeking leave to appeal deserves to be granted. Accordingly, present Criminal Misc. Application stands allowed in terms of para No.9(A). Leave to appeal against the impugned judgment and order as stated above is granted. Rule is made absolute.
(RAJESH H.SHUKLA, J.) Tuvar Page 2 of 2