R/CR.MA/15367/2025 ORDER DATED: 02/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15367 of 2025 In F/CRIMINAL APPEAL NO. 20644 of 2025 ========================================================== NARMADAJI QUARRY WORKS A PARTNERSHIP FIRM THRO ITS PARTNER BRIJESHKUMAR SURESHBHAI PARMAR Versus KALPESH VINUBHAI MISTRY (MEVADA) PROPRIETOR OF JALARAM ENTERPRIZE & ANR. ========================================================== Appearance: MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1 MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 02/12/2025 ORAL ORDER 1. This is an application filed for seeking leave to appeal against the judgment and order of acquittal dated 01.10.2024 passed by learned Additional Chief Judicial Magistrate, Panchmahal at Godhra in Criminal Case No.1397 of 2019. 2. Learned advocate for the applicant seeks permission to withdraw the present application as well as connected appeal to file appeal before the concerned Court, in view of the judgment of the Apex Court in case of M/s. Celestium Financial V.A. Gnanasekaran arising out of Special Leave Petition (Cri.) Nos.137 – 139 / 2025, with the liberty that the period that may be consumed may not be counted as delay in filing such appeal. R/CR.MA/15367/2025 ORDER DATED: 02/12/2025 3. In view of the above, permission as prayed for, is granted. The applicant can file appropriate appeal before the concerned Court. The present application as well as connected appeal are disposed of as withdrawn, with the aforesaid liberty with a rider that, after withdrawal of the present application and the appeal, necessary proceedings be initiated / filed within a period of four months from the date of receipt of copy of this order. It is clarified that the period that may be consumed in filing the present appeal may not be counted as delay in filing such appeal before the concerned Court. (SANJEEV J.THAKER,J) URIL RANA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 03/12/2025 11:47:55