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CR.MA/4339/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4339 of 2008
In
CRIMINAL
APPEAL No. 1295 of 2008
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
NIRANJAN
KANJI CHUDASAMA & 2 - Respondent(s)
=========================================================
Appearance
:
MS
HANSA PUNANI, ADDL. PUBLIC PROSECUTOR for
Applicant(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 27/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE M.R. SHAH)
1. Rule.
Present application has been filed by the applicant – State of
Gujarat for leave to appeal under Section 378(1)(3) of the Code of
Criminal Procedure challenging the judgment and order of acquittal
dated 31.01.2008 passed by the learned Additional Sessions Judge,
Fast Track Court No.6, Veraval in Sessions Case No.76 of 2002
acquitting the respondents herein – original accused for the offences
punishable under Sections 498(a), 306, 34 read with 114 of the Indian
Penal Code.
2. We
have heard Ms.Hansa Punani, learned APP appearing on behalf of the
State. We have gone through the judgment and order passed by the
learned trial Court acquitting the respondents for the offence
punishable under Sections 498(a), 306, 34 read with 114 of the IPC.
Considering the same, we are of the considered opinion that leave to
appeal be granted and appeal be admitted. Hence, prayer in terms of
paragraph No.7(B) is hereby granted. Rule is made absolute
accordingly.
[J.R.Vora,J.]
[M.R.Shah,J.]
satish
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