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MAYANKKUMAR NATWARLAL KANKANA PATEL v. STATE OF GUJARAT

Supreme Court of India | Diary 3634/2025

Status

Judgment

Decided On

2025-12-19

Bench

HON'BLE MR. JUSTICE VIKRAM NATH, HON'BLE MR. JUSTICE N.V. ANJARIA

Petitioner

MAYANKKUMAR NATWARLAL KANKANA PATEL

Respondent

STATE OF GUJARAT

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Full Judgment Text

2025 INSC 1475

CRL. A……/2025@ SLP(CRL.) NO.1167-1168/2025 Page 1 of 7

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS…………………….OF 2025

@ SLP (CRL.) NOS.1167-1168/2025

MAYANKKUMAR NATWARLAL

KANKANA PATEL & ANR. …APPELLANT(S)

VERSUS

STATE OF GUJARAT AND ANR. …RESPONDENT(S)

J U D G M E N T

VIKRAM NATH, J.

1. Leave granted.

2. These appeals arise from the common judgment and

order dated 27th November, 2024 passed by the High

Court of Gujarat at Ahmedabad in Special Criminal

Application No. 5648 of 2024 and Special Criminal

Application No. 10715 of 2024. By the impugned order,

the High Court set aside the order dated 30th March,

2024 passed by the learned Sessions Judge in Sessions

Case No. 22 of 2018 and allowed the application filed

under Section 311 of the Code of Criminal Procedure,

19731, permitting the prosecution to examine the minor

child, Aashvi, as a witness.

1 In short “CrPC”

CRL. A……/2025@ SLP(CRL.) NO.1167-1168/2025 Page 2 of 7

3. The facts necessary for adjudication of the present

appeals are as follows:

3.1 The Appellant No.1 and the deceased were married in

the year 2010. A daughter, Aashvi, was born from the

wedlock in 2013. Respondent No. 2, the father of the

deceased, is the complainant who lodged a complaint

on 1st December, 2017, registered as FIR No. 224 of

2017, for offences p...

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