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2012 Supreme(Guj) 506

BHASKAR BHATTACHARYA, A.L.DAVE, V.M.SAHAI
BHAVUBEN DINESHBHAI MAKWANA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
Sunil C. Patel, for the Appellants.
Tushar Mehta, Addl. Advocate General, for the Respondent.
None for Respondent Nos. 2 to 10.

JUDGMENT

BHASKAR BHATTACHARYA, C.J.

These two Criminal Appeals along with a Misc. Criminal Application filed in one of these two appeals have been referred to a Larger Bench by a Division Bench of this Court (Coram: Ravi R. Tripathi & Paresh Upadhyay, JJ.), vide order dated 27th June, 2012 for considering the following issues :

(i) Whether an appeal filed by the victim, invoking his right under proviso to Sec. 372 of Cr.P.C, challenging acquittal, or conviction for a lesser offence, or awarding inadequate compensation, is not maintainable, on the ground that the State has filed an appeal against the same order and for the same purpose?

(ii) Whether an appeal filed by the State should not be entertained, on the ground that the appeal preferred by the victim invoking his right under proviso to Sec. 372 of Cr. P. c., against the same order, is admitted by the Court?

(iii) If the victim prefers an appeal before this Court, challenging the acquittal, invoking his right under proviso to Sec. 372 of Cr.P.C., whether that appellant is required to first seek leave of the Court, as is required in case of appeal being preferred by the State?

2. The above two appeals are directed against an order













































































































































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