Gujarat High Court Case Information System
Print
CR.A/1351/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 1351 of 2008
=========================================================
GOVINDSING
@ RAMLAKHANSING RAJPUT - Appellant(s)
Versus
STATE
OF GUJARAT - Opponent(s)
=========================================================
Appearance
:
MR
AJAY L PANDAV for
Appellant(s) : 1,MR DHARMENDRA SINGH for Appellant(s) : 1,
MS MINI
NAIR Ld. APP for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 16/08/2010
ORAL
ORDER
1. Heard
Mr Pandav learned advocate for the appellant and Ms Nair learned APP
for the State.
2. Mr
Pandav learned advocate for the appellant has submitted that the
appellant has filed this appeal against the acquittal. It is well
settled principle that the acquittal appeal can be filed only by the
complainant or State and the present appellant has no right to file
this acquittal appeal. Mr Pandav learned advocate has submitted that
in the last para of the judgment, the learned Judge has discussed
about the muddamal fire-arm and other articles, which were not handed
over to the accused original owner, present appellant. Mr. Pandav
has further contended that he has not filed any application before
the trial Court with regard to muddamal nor he has made any claim.
Learned APP Ms Nair has also submitted that the appellant has not
filed any application before the trial Court to get the muddamal
back.
3. In
view of above, learned advocate is permitted to move before the trial
Court to file an application with regard to the muddamal. The present
appeal is disposed of accordingly without entering into the merits of
the matter. R & P to be sent back to the trial Court, forthwith.
(Z.K.
SAIYED, J)
mandora/
Top