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CR.MA/9998/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9998 of 2009
In
CRIMINAL
APPEAL No. 1537 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
SAVABHAI
RANCHHODBHAI KOLI & 3 - Respondent(s)
=========================================================
Appearance
:
MR
RAVAL, APP for Applicant(s) : 1,
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 04/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is for leave to prefer appeal against the
judgement and order dated 4.4.2009 passed by the learned Presiding
Officer of the Fast Track Court and Additional Sessions Judge in
Special Case No.23 of 2008, whereby all the accused are acquitted
from the charges levelled against.
We
have heard the learned APP for the State and considered the record
and proceedings, which have been called for. We have also
considered the judgement and order of the learned Presiding Officer
of the Fast Track Court and Additional Sessions Judge.
It
appears to us that so far as the offence under Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
is concerned, the witnesses have turned hostile and the case is not
proved by the prosecution. However, for the other offences under
IPC, there was a case to be considered.
Hence,
leave deserves to be granted. Therefore, granted to that extent.
The application is disposed of accordingly.
(Jayant Patel, J.)
4.3.2010
(Rajesh H. Shukla, J.)
vinod
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