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CR.MA/5085/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5085 of 2008
In
CRIMINAL
APPEAL No. 1394 of 2008
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
NARAN
GOGAN KARAMATA RABARI & 2 - Respondent(s)
=========================================================
Appearance
:
MS
HANSA B PUNANI, APP for
Applicant(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/06/2008
ORAL
ORDER
(Per :
HONOURABLE MR.JUSTICE M.R. SHAH)
RULE.
2. The
present application has been filed by the applicant ? State of
Gujarat, original complainant for Leave to Appeal under Section
378(1)(3) of the Code of Criminal Procedure, 1973, challenging the
judgment and order of acquittal dated 29th January, 2008,
passed by the 2nd Fast Track Judge, Junagadh in Sessions
Case No.67 of 2003 acquitting the respondents herein ? original
accused for the offences punishable under Section 302 read with
Section 114 of the Indian Penal Code.
3. We
have heard Ms. Punani, learned APP for the applicant ? State of
Gujarat and have gone through the judgment and order passed by the
Trial Court acquitting the respondents ? original accused and
considering the same, we are of the considered opinion that Leave to
Appeal be granted and appeal be admitted. Hence, the prayer in terms
of paragraph 8(b) is granted. Rule is made absolute accordingly.
(
J.R. VORA, J. )
(
M.R. SHAH, J. )
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