R/[CASE NUMBER] ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 5781 of 2014 In [CASE NUMBER] [ENTITY] Applicant(s) Versus [ENTITY] & 1 Respondent(s) Appearance: MS [ENTITY], ADDL.PUBLIC PROSECUTOR for the Applicant(s) No. 1 MR [ENTITY], ADVOCATE for the Respondent(s) No.1 MR [ENTITY], ADVOCATE for the Respondent(s) No. 2 CORAM: HONOURABLE MR.JUSTICE [ENTITY] and HONOURABLE MS JUSTICE [ENTITY] Date : 11/11/2014 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE [ENTITY])
1. The present application is filed by the applicant-[ENTITY] seeking leave to appeal against the judgment and order dated January 09, 2014 passed by the learned Additional Sessions Judge, Court No.9, City Sessions Court, Ahmedabad, in [CASE NUMBER], whereby the learned Judge was pleased to acquit the accused of the charges levelled against them.
2. Ms.[ENTITY], learned Additional Public Prosecutor, R/[CASE NUMBER] ORDER invited attention of the Court to Exhibits 10 and 13 in support of the submission that there was sufficient compliance of the provisions of [SECTION] and [SECTION] of the [ACT] (hereinafter referred to as 'the Act'). The learned Additional Public Prosecutor further submitted that the learned Judge committed a grave error in holding that there was no compliance.
3. Mr.[ENTITY], learned advocate appearing for the opponent No.2 and Mr.[ENTITY], learned advocate appearing for the opponent No.1, vehemently submitted that the appeal is not required to be entertained by this Court because the learned Judge has recorded the findings on proper appreciation of evidence led before the Court. The learned advocates also relied on the decision of the Hon'ble Apex Court in the case of [PRECEDENT], in support of their submission that there was no sufficient compliance of [SECTION] and [SECTION] of the Act. The learned advocates also placed reliance on the decision of the Hon'ble Apex Court in the case of [PRECEDENT].
4. On careful consideration of the submissions made by the learned Additional Public Prosecutor as well as learned advocates appearing on behalf of opponent Nos.1 and 2, the Court is of the opinion that the matter requires consideration. Hence, the leave to appeal is granted.
R/[CASE NUMBER] ORDER ([ENTITY], J.) (MS [ENTITY], J.) [ENTITY]