NEUTRAL CITATION

undefined

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 1349 of 2018 [On note for speaking to minutes of order dated 23/01/2024 in R/CR.RA/1349/2018 ]

==========================================================

DINESHBHAI JOITABHAI PRAJAPATI Versus STATE OF GUJARAT ==========================================================

Appearance:

for the Applicant(s) No. 1 MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 08/02/2024 ORAL ORDER Perused the office note dated 05.02.2024.

On first page of the judgment, the date mentioned as “23.01.2023” to read as “23.01.2024”.

Rest of the order shall remain unaltered. Registry to issue fresh writ accordingly.

Office note stands disposed of.

(S. V. PINTO, J)

F.S.KAZI…..

NEUTRAL CITATION

undefined

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION NO. 1349 of 2018 (AGAINST CONVICTION)

FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO Sd/-

================================================================

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	Yes
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

================================================================

DINESHBHAI JOITABHAI PRAJAPATI Versus STATE OF GUJARAT ================================================================

Appearance:

MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1 MR HARDIK SONI, APP for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 23/01/2023 ORAL JUDGMENT

1. With consent of the learned advocate of both the parties, the matter is taken up for final hearing.

2. This revision application has been filed by the applicant under Section 397 read with Section 401 of the Code of Criminal Procedure, wherein, the applicant has challenged

NEUTRAL CITATION

undefined

the judgment and order passed by the learned Judicial Magistrate, First Class, Danta in Criminal Case No. 843 of 2004 on 08.07.2014, whereby, the applicant was convicted and sentenced to simple imprisonment of six months and fine of Rs.1,000/- and in default, simple imprisonment of 30 days for the offence punishable under Section 323 of the IPC and the said judgment and order was confirmed by the learned 7^th Additional Sessions Judge, District Banaskantha at Palanpur in Criminal Appeal No.19 of 2014 on 17.12.2016.

3. The brief facts that emerge from the record of the case are as under:

3.1. That an FIR being I-C.R.No. 125 of 2004 was registered at Danta Police Station on 18.05.2004 by the original complainant Jethiben wife of Navalbhai Prajapti against the applicant for the offence punishable under Sections 323, 504 and 506(2) of the IPC and after recording the statement of the necessary witnesses and drawing panchnama of the place of offence as also recovering a cricket bat, a charge sheet was filed before the learned Judicial Magistrate, First Class, Danta against the applicant, which came to be registered as Criminal Case No. 843 of 2004.

3.2 That after the applicant was arrested, he was released on bail

NEUTRAL CITATION

undefined

and after the summons of Criminal Case No.843 of 2004 was duly served, the applicant – original accused appeared before the learned Judicial Magistrate, First Class, Danta and a charge at Exh.3 was framed against the applicant for the offences punishable under Section 323, 504 and 506(2) of the IPC. That the complainant was examined at Exh.26, witnesses Sureshdan Amba

Click Here to Read the rest of this document