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CR.A/170/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 170 of 2010
=========================================================
GOVINDBHAI
DEVCHANDBHAI PATEL - Appellant
Versus
STATE
OF GUJARAT & 1 - Respondents
=========================================================
Appearance :
MR
HIMANSU M PADHYA for
Appellant: 1,
PUBLIC PROSECUTOR for Respondent: 1,
None for
Respondent:
2,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 31/03/2010
ORAL
ORDER
In
this matter, this Court (Coram: Z.K. Saiyed, J.) on 27.01.2010 in
Criminal Misc. Application No. 415 of 2010 has granted Leave to
Appeal.
This
Court is of the view that before admitting the appeal, it is
appropriate to peruse the records and proceedings as there are
glowing questions, which are required to be answered by the appellant
before the Appeal is admitted namely (i) the trial Court has recorded
its findings with regard to Exh. 32 letter being got up; (ii) the
trial Court has recorded its findings with regard to issuance of
statutory notice being time barred.
In
view of this, before admitting the appeal, this Court is of the view
that records and proceedings be called for. The office is therefore,
directed to call for the records and proceedings in this matter so as
to reach this Court on or before 16.04.2010. Matter be listed for
hearing on 20.04.2010.
(S.R.BRAHMBHATT,
J.)
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