AGARWAL ENTERPRISE Vs. GAYATRI CONSTRUCTION CO

JUDGEMENT

(1.) PRESENT petition under Article 227 of the Constitution of India has been preferred by the petitioner - original complainant to quash and set aside the judgement and order dtd.7/6/2011 passed by the learned 10th Additional Sessions Judge (Adhoc), Vadodara below application Ex.5 in Criminal Appeal No.21 of 2011, by which the learned appellate court has dismissed the said appeal on the ground that the same is not maintainable.

(2.) MR.Prabhav Mehta, learned advocate appearing on behalf of the petitioner has submitted that as such against the judgement and order passed by the learned trial court acquitting the accused, considering proviso (2) of Section 372 of the Code of Criminal Procedure, appeal would be maintainable before the learned Sessions Court, however, without considering the aforesaid provision, the learned appellate court has passed the impugned order dismissing the appeal, which deserves to be quashed and set aside and appropriate direction is to be issued directing the learned appellate court to decide and dispose of the appeal No.21 of 2011 in accordance with law and on merits.

(3.) IN view of the above and for the reasons stated above, present petition succeeds. The impugned judgement and order dtd.7/6/2011 passed by the learned 10th Additional Sessions Judge (Adhoc), Vadodara below application Ex.5 in Criminal Appeal No.21 of 2011 is hereby quashed and set aside and the learned appellate court is hereby directed to decide and dispose of the aforesaid Criminal Appeal No.21 of 2011 in accordance with law and on merits, after giving an opportunity to all the concerned. Rule is made absolute to the aforesaid extent.