IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 523 of 2012 With CRIMINAL MISC.APPLICATION No. 15555 of 2012 In CRIMINAL REVISION APPLICATION No. 523 of 2012 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ====================================== RAJESHBHAI MOHANBHAI CHAUHAN - Applicant Versus STATE OF GUJARAT - Respondent ====================================== Appearance :
MR JM PANCHAL for Applicant(s) : 1,MRKJPANCHAL for Applicant(s) : 1, MS CM SHAH, APP for Respondent(s) : 1, MR JS RATHOD for Respondent(s) : 1, MR SHAILESH C SHARMA for Respondent(s) : 1, ====================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/11/2012 OPERATIVE ORDER For the reasons stated hereinabove, Criminal Revision Application No.523 of 2012 is hereby allowed. The impugned judgement and order of conviction and sentence dated 20/04/2012 passed by learned Metropolitan Magistrate, Court No.18, Ahmedabad in Criminal Case No.254 of 2011 convicting the applicant herein for the offence punishable under section 354 of the India Penal Code and sentencing him to undergo 2 years SI and fine of Rs.1,000/- and in default to undergo further SI of 6 months as well as impugned judgement and order passed by learned Additional City Sessions Judge, Court No.8, Ahmedabad City in Criminal Appeal No.138 of 2012 in dismissing the same and confirming the judgement and order passed by learned Metropolitan Magistrate, are hereby quashed and set aside. Consequently, the applicant herein - original accused is acquitted for the offence punishable under section 354 of the Indian Penal Code for which he was charge-sheeted and tried and consequently the applicant is ordered to be released on bail forthwith if his presence is not required in any other case. Rule is made absolute accordingly.
In view of disposal of the main Criminal Revision Application, no order in Criminal Misc.Application No.15555 of 2012 and the same also stands disposed of accordingly.
Direct service today is permitted.
[M.R.SHAH,J.] *dipti