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2022 Supreme(Guj) 1644

GITA GOPI
Mamta Dilipbhai Rana – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Poojan V Bahrani, Mr. Vedant D Gaikwad
For the Respondent: Mr. Hardik Mehta, APP

ORDER :

1. Mr. Vedant Gaikwad, learned advocate for the appellant states that the appellant– original complainant of Criminal Case no.1564 of 2019 has challenged the judgment and order dated 27.6.2022 passed by the learned JMFC, Vadodara while dismissing the complaint under Section 256 of the Code of Criminal Procedure, 1973 and acquitting the accused. Mr. Gaikwad submits that the impugned order is bad in law and is against the directions of the Hon'ble Supreme Court passed in the case of Indian Bank Association Vs. Union of India, reported in (2014) 5 SCC 590 and further referring to an order below Exh.30, Mr. Gaikwad submits that the learned Trial Court Judge should not have passed any order under Section 256 of the Cr.P.C. since the complainant was represented by an advocate on record. Mr. Gaikwad submits that the matter was lastly listed on 26.5.2022 when the appellant and his advocate were present before the Court and an application was given for closing the right of the accused for cross-examination as accused was not present before the Court at the given time. Mr. Gaikwad submits that thereafter, the respondent no.2 appeared before the Court along with his advocate at 01:30 p

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