The High Court held that the original complainant has no locus to file a criminal appeal against acquittal, thus refusing leave and dismissing the criminal application while granting liberty to pursue further proceedings.
Leave to file criminal appeal refused; liberty granted to take out appropriate proceedings.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1076 OF 2006
Vaibhav Balkrishna Kode ...Applicant
V/s.
Dipali Ramdas Kode & Ors. ...Respondents
Mr.Vijay Killedar for the Applicant.
Mr.Y.M. Nakhawa, APP for the State.
CORAM : V.M. KANADE, J.
DATED : OCTOBER 1, 2007
P.C. :-
. This appeal against acquittal has been filed by
the original complainant. The original complainant has
no locus to file appeal against the acquittal. Hence,
leave is refused. Criminal Appeal does not survive.
. Liberty is granted to the applicant to take out
appropriate proceedings. He is also at liberty to
pursue the State Government to file appeal against
acquittal.
(V.M. KANADE, J.)
1 issue framed by the court
Whether an original complainant has locus to file a criminal appeal against acquittal.
Vaibhav Balkrishna Kode
Dipali Ramdas Kode & Ors.
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court