High Court of Gujarat

RAMESHBHAI NANJIBHAI KANJARIYAversusSTATE OF GUJARAT

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: SANJEEV THAKER

Holding

The Court granted special leave to appeal, allowing the criminal miscellaneous application.

Summary

The applicant, HCLS Committee, filed a criminal miscellaneous application seeking special leave to appeal a decision of the 4th Additional Chief Judicial Magistrate, Jamnagar dated 04‑08‑2021, which had refused notice to the accused. The State, represented by Ms. Monali Bhatt, waived service of notice of rule. The High Court examined the lower court’s order and the submissions of counsel Mr. Hardik C. Thakkar. It held that the special leave to appeal was warranted and therefore granted. Consequently, the criminal miscellaneous application was allowed, the appeal was admitted, and a bailable warrant of Rs. 5,000 was issued against respondent No. 2, Sanjaybhai Anantray Maru.

Issues considered

Whether special leave to appeal should be granted in the criminal miscellaneous application challenging the lower court's refusal of notice to the accused

Subjects

special leave to appealcriminal miscellaneous applicationbailable warranthigh courtprocedural law

Judgment

     R/CR.MA/19216/2021                                  ORDER DATED: 29/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 19216 of 2021

                    In R/CRIMINAL APPEAL NO. 1602 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1602 of 2021
==========================================================
                          RAMESHBHAI NANJIBHAI KANJARIYA
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR. HARDIK C THAKKAR(7133) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 29/10/2021

                                     ORAL ORDER

Order in Criminal Misc. Application:


1.      Rule. Learned APP Ms. Monali Bhatt appears and waives
service of notice of Rule on behalf of the Respondent – State of
Gujarat.


2.      Learned           advocate    Mr.      Hardik   Thakkar      for     HCLS
Committee on behalf of the applicant in Criminal Miscellaneous
Application No. 19216 of 2021.


3.      Learned advocate Mr. Thakkar has placed reliance upon
the judgment and order dated 04.08.2021 passed by the 4 th
Additional Chief Judicial Magistrate, Jamnagar and drawn the
attention of this Court at Para: 12 and 13 of the judgment



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     R/CR.MA/19216/2021                               ORDER DATED: 29/10/2021




including the refusal of notice by the accused in paper book.


4.       This Court has gone through the judgment and order
passed by the learned 4th Additional Chief Judicial Magistrate,
Jamnagar and also perused the averments made by the
applicant in the present application. The matter requires
consideration.            Therefore, the special leave to appeal as
prayed for deserves to be granted and the present Criminal
Misc.      Application      stands   allowed.      Prayer    in    terms        of
paragrapah7(a) regarding leave to appeal is granted. Rule is
made absolute.


Order in Criminal Appeal


         The present appeal is admitted. Issue bailable warrant of
Rs. 5000/- against the respondent No. 2 (Sanjaybhai Anantray
Maru).

                                                              (A. C. JOSHI,J)
SHRIJIT PILLAI/04




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