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CR.MA/565/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 565 of 2008
In
CRIMINAL
APPEAL No. 90 of 2008
=========================================================
STATE
OF GUJARAT
Versus
JESALSINH
GHELUBHA JADEJA DARBAR & 1
=========================================================
Appearance
:
MR LR
PUJARI APP for
Applicant
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE M.R. SHAH)
RULE.
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 Criminal Procedure Code, 1973, challenging the
judgment and order of acquittal dated 02.11.2007, passed by the
learned Additional Sessions Judge, Dhrangadhra in Sessions Case
No.04/2006 acquitting the respondents ? original accused for the
offences punishable under Sections 323, 594, 506(2), 427 and 114 of
the Indian Penal Code and under Section 3(1)(10) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989.
We
have heard Mr.L. R. Pujari, learned APP for the applicant ? State
of Gujarat and have gone through the judgment and order passed by
the trial Court acquitting the respondent ? 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(a) is granted. Rule is made absolute
accordingly.
[J.
R. VORA,J.]
[M.
R. SHAH,J.]
vijay
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