IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 876 of 2012 ========================================= PATEL DASHRATHLAL KASHIRAMDAS Appellant(s) Versus STATE OF GUJARAT & 1 Opponent(s) ========================================= Appearance :
MR TEJAS P SATTA for Appellant(s) : 1,MR JAYESH V PATEL for Appellant(s) : 1, MS CM SHAH, ADDL. PUBLIC PROSECUTOR for Opponent(s) : 1, None for Opponent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 13/09/2012 ORAL ORDER Heard Shri Satta, learned advocate appearing on behalf of the appellant and Ms. Chetna M. Shah, learned Additional Public Prosecutor appearing on behalf of the respondent No.1 State. Perused the judgment and order of acquittal passed by the learned trial Court. Considering the fact that the learned Additional Judicial Magistrate, Patan has dismissed the complaint and has acquitted the accused in exercise of powers under Section 249 of the Code of Criminal Procedure, 1973 in a case relating to the cognizable offences, the short question which is posed for consideration of this Court is whether in a case with respect to cognizable offences, learned Magistrate could have invoked Section 249 of the Code of Criminal Procedure, 1973? and even considering the fact that earlier learned Single Judge has already granted leave to Appeal to the appellant, present APPEAL is ADMITTED.
Ms. C.M. Shah, learned APP waives service of notice of Admission on behalf of respondent No.1. Direct service so far as respondent No.2 is concerned. To be served through concerned police station.
In the facts and circumstances of the case, the Appeal is fixed for final hearing on 12th October 2012. To be listed at the bottom of the admission matters. Registry is directed to call for Record & Proceedings of the case from the trial Court so as to reach this Court on or before 8th October 2012.
(M.R. Shah, J.) menon