R/CR.MA/12470/2025 ORDER DATED: 03/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 12470 of 2025 In F/CRIMINAL APPEAL NO. 18476 of 2025 With F/CRIMINAL APPEAL NO. 18476 of 2025 ================================================================ YASHVANTSINH SANKARSINH CHAUHAN Versus PUNAMBHAI MOHANBHAI & ORS. ================================================================ Appearance: MR RD DAVE(264) for the Applicant(s) No. 1 PUBLIC PROSECUTOR for the Respondent(s) No. 6 ================================================================ CORAM:HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY and HONOURABLE MR.JUSTICE D. M. VYAS Date : 03/07/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY) Heard learned counsel Mr.R.D.Dave for the appellant. This appeal is filed under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and also an application is filed seeking leave to appeal. As can be seen from the impugned order, it not an order of judgment of acquittal that was passed by the trial court, it was an order of discharge that was passed by the trial court at the stage of framing charges. Therefore, under law no appeal against an order of discharge lies. As per law, revision lies against the said order of discharge by an aggrieved person. Therefore, both application seeking leave to appeal as well as the appeal that is filed is not maintainable. R/CR.MA/12470/2025 ORDER DATED: 03/07/2025 Learned counsel for the appellant Mr.Dave requests time to move an application before the Registrar concerned under Rule 10 of Chapter-II of the Gujarat High Court Rules, 1993 seeking conversion of this appeal into revision. Therefore, list the matter on 22.07.2025. Sd/- (CHEEKATI MANAVENDRANATH ROY, J) Sd/- (D. M. VYAS, J) ABHISHEK Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: ABHISHEK DASHRATHBHAI PRAJAPATI(HC01389), GOV, at High Court of Gujarat on 03/07/2025 17:24:49