Gujarat High Court High Court

State vs Koli on 13 November, 2008

Gujarat High Court
State vs Koli on 13 November, 2008
Author: Ravi R.Tripathi,&Nbsp;Honourable H.Shukla,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/502920/2008	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 5029 of 2008
 

In


 

CRIMINAL
APPEAL No. 1384 of 2008
 

 
 
=========================================
 

STATE
OF GUJARAT - Applicant(s)
 

Versus
 

KOLI
KARSHANBHAI HIRABHAI - Respondent(s)
 

========================================= 
Appearance
: 
MR KP RAVAL, ADDL. PUBLIC
PROSECUTOR for Applicant(s) : 1, 
None for
Respondent(s) : 1, 
=========================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE RAVI R.TRIPATHI
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE RAJESH H.SHUKLA
		
	

 

 
 


 

Date
: 13/11/2008 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA)

The
present application is filed seeking leave to appeal against the
judgment and order of acquittal dated 16.2.2008 passed by the learned
Sessions Judge, Patan in Sssions Case No. 576 of 2002.

Heard
learned APP Mr. K.P. Raval. The learned APP referred to the judgment
and order recording acquittal of the accused, who is charged with
offence under sections 332, 333, 353, 186, 114 of IPC. He has also
pointedly referred to the observations made with regard to the fact
that the complainants were officers of the Intelligence and who have
been attacked by the accused person when they were keeping a track of
the accused person.

The
learned APP also submitted that other Criminal Appeal No. 389/96
arising out of Sessions Case No. 35/95 is pending and, therefore, the
present appeal may also be heard along with the said matter.

On
perusal of the record and on appreciation of the judgment recording
the acquittal, prima facie, this court is of the opinion that the
matter requires consideration and the court below has failed to
appreciate the evidence in its proper perspective, particularly as
regards the fact that the complainants were officers of the
Intelligence, who were keeping a track of the accused and may not
have disclosed their identity initially.

Hence,
the application is allowed. Leave to appeal is granted.

[Ravi
R. Tripathi, J.]

[Rajesh
H. Shukla, J.]

(hn)

   

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