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CR.MA/144/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 144 of 2010
In
CRIMINAL
APPEAL No. 24 of 2010
=========================================================
STATE
OF GUJARAT - FOR & ON BEHALF OF YOGESHCHANDRA M SONI -
Applicant(s)
Versus
VIPULKUMAR
CHAMPAKLAL DUDHIYA - Respondent(s)
=========================================================
Appearance :
MS
CM SHAH, ADDITIONAL PUBLIC PROSECUTOR
for Applicant(s) : 1,
None
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 16/04/2010
ORAL
ORDER
The
applicant State has taken out this application for seeking leave
to file an appeal under the provision of Section 378(4) of the Code
of Criminal Procedure, 1973 challenging the order of acquittal dated
31.07.2009 passed in Criminal Case No.3152/2008 acquitting the
accused respondent of the charge of committing offences punishable
under Section 16 of the Prevention of the Food Adulteration Act,
1954.
The
Court is of the view that leave deserves to be granted looking to
the judgment impugned. However before admitting the Appeal, office
is directed to call for record and proceedings for perusal of this
Court. Accordingly, this application is allowed. Leave to appeal is
granted. This application is disposed of. Office is directed to
call for record and proceedings so as to reach this Court on or
before 26th April, 2010. The matter may be listed on
27th April, 2010.
(S.R.
Brahmbhatt, J.)
Caroline
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