BHARATBHAI VERSIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Sec. 372 of the Code of Criminal Procedure, 1973 is filed by the first-informant - victim challenging the judgment and order of acquittal recorded by learned Additional Sessions Judge, Tharad, District: Banskantha, dtd. 9/12/2021 in Special Case No. 24 of 2019, whereby respondent - accused came to be acquitted of the charge leveled against him.

(2.) The private respondent herein would be referred to here, as per his original status in the trial, as an accused in this judgment, whereas appellant would be termed as first- informant.

(3.) On appeal being taken up for hearing, we ascertained from learned APP whether State intends to prefer any appeal against the impugned judgment and order or not. To which, Mr. Ronak B. Raval, learned APP, produced a communication addressed to the Public Prosecutor, Banskantha, communicated by the Legal Department of the State dtd. 10/2/2023, whereby Public Prosecutor at Banskantha was informed about State not considering it to be an appealable judgment and order itself, and therefore, no appeal is preferred by the State. The xerox copy of the said communication is ordered to be taken on record.