ASHVINBHAI VITTHALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application under Sec. 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant for Leave to Appeal against the impugned judgment and order of acquittal dtd. 30/1/2023 passed by the learned Additional Chief Judicial Magistrate, Bayad in Criminal Case No.378 of 2020 acquitting the opponent no.2 herein - original accused.

(2.) This Court while issuing the notice vide order dtd. 11/4/2023 has considered the following submissions made by Mr. Vaibhaiv Sheth, learned advocate for the applicant:

(3.) Heard learned advocates for the respective parties at length and perused the impugned judgment and order of acquittal and considering the same, it appears that the appeal deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted. ORDER IN CRIMINAL APPEAL: Admit. Learned Additional Public Prosecutor waives service of admission on behalf of respondent State and Mr.Kothari, learned advocate waives service of admission on behalf of the respondent no.2. Registry is directed to call for the Record and Proceedings of the case from the concerned Court. Order in Criminal Misc. Application No.1 of 2023 To be heard with Criminal Appeal No.825 of 2023.