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CR.MA/12033/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12033 of 2010
In
CRIMINAL
APPEAL No. 1711 of 2010
=========================================================
REKHABEN
RAMCHANDJI PATANI SINCE MINOR THRO' LEGAL GUARDIAN - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for
MR SP MAJMUDAR Applicant(s) : 1,
MR. LB DABHI, ADDL. PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 08/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Leave
to correct cause title by substituting section 372 instead of section
378(4) of the Code of Criminal Procedure, 1973 as well as to delete
the Special Leave.
2. Having
considered the submission made by Mr. PP Majmudar, learned advocate
for Mr. SP Majmudar, learned advocate for the applicant and Mr. L.B.
Dabhi, learned APP, for the applicant – State of Gujarat and
upon perusal of the impugned judgment and order dated 24.9.2010
rendered in Sessions Case No. 63 of 2009 by the learned 3rd
Additional Sessions Judge, Banaskantha at Palanpur acquitting the
respondents – accused of the offences under Section 376 etc. of the
Indian Penal Code, according to us, this is a fit case to grant Leave
to file appeal. Hence, Leave to file Appeal is granted.
3. This
application stands disposed of accordingly.
(A.M.KAPADIA, J.)
shekhar/-
(BANKIM.N.MEHTA, J.)
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