JUDGMENT :

1. Present Criminal Misc. Application has been filed by the applicant-original complainant under Section 378 (4) of the Code Criminal Procedure, 1973 seeking leave to appeal challenging the impugned judgment and order of acquittal passed in CBI Special Case No.62 of 2003 by learned Special Judge, CBI Court No.2, Ahmedabad dated 30.11.2018, on the grounds stated in the application.

2. Heard learned Special Public Prosecutor Mr. R.C. Kodekar for the applicant-CBI at length.

3. During the course of hearing, a specific query was put by the Court that whether is there any provision to file separate application for leave to appeal by the State or not?

4. In response to the same, learned Senior Advocate Mr. B.B. Naik and learned Senior Advocate Mr. Devang Nanavati were appointed as Amicus Curiae, whereas learned Public Prosecutor Mr. Mitesh Amin has assisted the Court for adjudication of this issue.

5. Heard learned advocates for the respective parties.

6. It is beneficial to refer to the judgment of the Hon’ble Supreme Court in the case of the State of Rajasthan Vs. Ramdeen and Ors., reported in AIR 1977 SC 1328, wherein the Hon’ble Apex Court has held as under :

8. The matter will,