JASHUBA SOMSINH HAJURSINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Janak Vardey, learned advocate for the applicant. Rule returnable forthwith. Ms. Bhatt, learned Additional Public Prosecutor waives service of Rule on behalf of respondent State.

(2.) Present application under Sec. 378(4) of the Code of Criminal Procedure has been preferred by the applicant for leave to appeal against the impugned judgment and order of acquittal dtd. 18/4/2023 passed in Criminal Case No.2264 of 2019 by the learned Additional Chief Judicial Magistrate, Deesa acquitting the original accused.

(3.) Mr. Vardey, learned advocate for the applicant at the outset, has invited attention of this Court to the fact that the original complainant Somsinh Vaghela has expired on 22/2/2022 pending trial. The copy of the death certificate of deceased original complainant has been brought on record. The Vakalatnama was entered by the learned advocate representing wife of deceased original complainant which is brought on record vide Exh.53. Relying upon the aforesaid document, Mr. Vardey, learned advocate has submitted that despite the fact that the widow of original complainant being permitted to pursue the proceeding, the impugned judgment and order is passed in the name of deceased person.