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CR.MA/12017/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12017 of 2009
In
CRIMINAL
APPEAL No. 2049 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
IMRAN
MUKTAR PATHAN & 4 - Respondent(s)
=========================================================
Appearance
:
MR
DEVANG VYAS, ADDL.PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 25/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Learned
A.P.P., Mr.Vyas, submitted that the learned 2nd
Additional Sessions Judge, Surat, has committed an error in recording
acquittal in Sessions Case No.234 of 2008 by judgment and order dated
16.7.2009. He submitted that, therefore, the present application is
filed seeking leave to appeal against the said judgment and order.
Learned A.P.P. invited attention of the Court to the relevant
discussion of the evidence by the learned Judge from paragraph 15
onwards.
Having
perused the same, the Court is prima-facie of the opinion that the
matter requires consideration, hence, the application is allowed.
Leave to appeal is granted.
(Ravi
R.Tripathi, J.)
(J.C.Upadhyaya,
J.)
(binoy)
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