Single judge allowed State application to challenge acquital order. Admitted criminal appeal, issued bailable warrant, and directed respondents to appear before police station.
Leave to challenge acquittal granted; appeal admitted; bailable warrant issued; periodic police appearance directed.
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/16411/2022 ORDER DATED: 13/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 16411 of 2022
In R/CRIMINAL APPEAL NO. 1764 of 2022
With
R/CRIMINAL APPEAL NO. 1764 of 2022
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STATE OF GUJARAT
Versus MORIYABHAI @ BHOJABHAI JORABHAI KODARVI
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Appearance:
MR HK PATEL APP for the Applicant(s) No. 1 for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 13/12/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE S.H.VORA)
By way of present Criminal Misc. Application u/s 378(1)(3) of the Code of Criminal Procedure, the applicant State seeks leave to challenge judgment and order of acquittal dated 09/12/2019 in respect of org. accused of Sessions Case No.54 of 2014 and in respect of org. accused No.1 of Sessions Case No.8 of 2016 whereby the respondents herein- original accused as afore-stated came to be acquitted for the offences punishable u/s 302, 323, 324, 143, 147, 148, 149, 120-B and 34 of the IPC.
We have heard learned APP for the State and upon perusal of the impugned judgment and considering the reassessment and reanalysis of evidence at a glance, we are of the considered opinion that present Criminal Misc. Application
Page 1 of 2
R/CR.MA/16411/2022 ORDER DATED: 13/12/2022
deserves consideration and accordingly it is allowed.
ORAL ORDER IN APPEAL
Admit. Bailable warrant in the sum of Rs.15,000/- be issued against the each of respondents-org. accused as aforestated and pending hearing and final disposal of the present appeal, the respondents herein shall mark their presence before the concerned Police Station in the first week of month of February of every calender year.
(S.H.VORA, J)
(RAJENDRA M. SAREEN,J)
sompura
Page 2 of 2
2 issues framed by the court
Whether the State is entitled to seek leave under Criminal Misc. Application u/s 378(1)(3) CPC to challenge an order of acquittal.
Whether the court should admit the criminal appeal against the order of acquittal.
1 provisions across 1 enactments
State of Gujarat
Moriyabhai
S.H. Vora
Rajendra M. Sareen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
