The Gujarat High Court granted leave to appeal filed under Section 378(4) CrPC challenging an acquittal order by a Judicial Magistrate. The decision relied on a specific Supreme Court judgment, allowing the appeal to proceed.
Leave to appeal was granted and the Criminal Miscellaneous Application was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/7560/2021 ORDER DATED: 07/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7560 of 2021
In R/CRIMINAL APPEAL NO. 649 of 2021
With
R/CRIMINAL APPEAL NO. 649 of 2021
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HASMUKHBHAI JIVRAJBHAI BHENSJALIYA
Versus STATE OF GUJARAT
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Appearance:
MR ANUP S BHAVSAR(10208) for the Applicant(s) No. 1 MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1 MR MINESH C DAVE(1096) for the Respondent(s) No. 2 MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 07/12/2021
ORAL ORDER
Order in Criminal Misc. Application No. 7560 of 2021
Page 1 of 2
R/CR.MA/7560/2021 ORDER DATED: 07/12/2021
learned advocate Mr. Ashok Purohit with learned advocate Mr. Minesh C. Dave.
Order in Criminal Appeal No. 649 of 2021
This appeal is admitted.
KUMAR ALOK / 78
Page 2 of 2
1 issue framed by the court
Whether leave to appeal under Section 378(4) CrPC should be granted challenging the acquittal order recorded in Criminal Case No. 399 of 2017.
Colour shows how this judgement treated each authority
Rohitbhai Jivanlal Patel vs. State of Gujarat and Anr.Relied on¶24
(2019) 18 SCC 106 · Who else cites this
1 provisions across 1 enactments
Hasmukhbhai Jivrabhai Benhajalya
State of Gujarat
Ashokkumar C. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
