BHAVESH NANDKISHOR RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Vedant D.Gaikwad for the applicant submits that the challenge has been given to the order dtd. 29/7/2024 passed by 3rd Additional District and Sessions Judge, Vadodara below Exh.1 in Criminal Appeal No.84 of 2024 dismissing the appeal, as dismissed for default.

(2.) The revision has been filed under Sec. 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS' for short). The order, which has been passed is as under:

(3.) Learned advocate Mr. Gaikwad referring to the judgment of Dhananjay Rai @ Guddu Rai Vs. State of Bihar, reported in 2022 (14) SCC 95, and the judgment of K. Muruganandam & Ors. Vs. State Res. By the Deputy Superintendent of Police & Anr., rendered in Criminal Appeal No.809 of 2021 on 12/8/2021, submitted that the appeal cannot be dismissed for default on any of the ground after its admission.