MAHENDRA HIMMATSINH DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal has been filed by the Appellant/Original Complainant under Section 378 of the Code of Criminal Procedure, 1973 challenging the impugned judgment and order passed by the learned Additional Chief Judicial Magistrate First Class, Camp at Kalol in Criminal Case No. 7 of 2009 dated 17.6.2013 recording the acquittal on the grounds stated in the Appeal. As per the order passed earlier dated 22.8.2013, the Appeal has been Admitted, and as per the order dated 21.1.2014, Criminal Misc. Application No. 16675 of 2013 (for fixing date of hearing) has been allowed referring to the issue raised in the present Criminal Appeal regarding the jurisdiction.

(2.) HEARD learned Advocate Shri K.A. Vyas for the Appellant/Original Complainant and learned APP Shri H.K. Patel for Respondent No. 1 - State of Gujarat. Though served, no one has appeared for Respondent No. 2 -Original Accused.

(3.) LEARNED APP Shri H.K. Patel has also fairly stated that the matter could be remanded in view of the observations made by the Hon'ble Apex Court in the aforesaid judgment.