STATE OF GUJARAT Vs. HIMATLAL BACHUBHAI THAKKAR

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of discharge dated 04. 05. 1998 passed by the learned Judicial Magistrate First Class, Bhavnagar in Criminal Case No. 2104 of 1989 whereby the accused was discharged of the charges leveled against him.

(2.) THE facts of the prosecution case in brief are as under:

(3.) BEING aggrieved by the order of discharge dated 04. 05. 1998 passed by learned Judicial Magistrate First Class, Bhavnagar in Criminal Case No 2104 of 1989, the appellant-State has preferred the present appeal. As per the provisions the State should have filed the Revision Application, however, in the interest of justice the matter is considered on merits.