In an application seeking leave to file a criminal appeal against an order of acquittal in the sessions court at Pandharpur, the state and accused Nos. 2-4, the bench held that since an appeal against conviction had been subjugated, it was not inclined.
Leave to file appeal refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
:1:
| IN | THE HIGH COURT OF JUDICATURE AT CRIMINAL APPELLATE JUR |
BOMBAY ISDICTION |
|---|---|---|
| CRIMINAL APPLICATION NO.2111 OF |
2007 | |
| The State of Dnyanu Sha |
Maharashtra. ..Applicant. Vs. nkar Kolekar and ors. ..Respondents. |
|
| Mrs.A.A. | Mane,APP. for the |
Applicant. |
| Mr. | Jaydeep D. Mane for the |
Respondents. |
| CORAM: R.S. MOHITE, DATE : 28th August, |
J. 2008 |
|
| P.C. | ||
| 1. | This is an application filed by the State |
for |
| leave | to file appeal against the order of |
acquittal |
| of | the accused Nos. 2 to 4 for offences |
punishable |
| under | Section 323, 325, 504 read with 34 o |
f the |
| I.P.C. | One of the accused person being main |
accused |
| i.e. | accused No.1 was in fact convicted for |
the |
| offences | punishable under Section-325, 504 of |
the |
| I.P.C. | His case was on a better footing than |
the |
| other | accused. However, his appeal against |
the |
| order | of conviction has been allowed by the |
Sessions |
| Court, | Pandharpur. No appeal against the |
acquittal |
| of the |
accused No.1 has been filed. In this |
view of |
| the | matter, I am not inclined to entertain |
this |
| appeal. | Hence, leave refused. It may be |
stated |
| here | that even otherwise appeal should have |
been |
| filed | in the Sessions Court, the respondents |
have |
| filed | the certified copy of the judgment and |
order |
:2:
| passed | by the |
Sessions Court, |
Pandharpur | acquitting |
|---|---|---|---|---|
| the | convicted accused. |
Certified | copy | of the |
| judgment | is taken on record and marked | "X" for | ||
| identificat | ion. Application is disposed off. |
(R.S. MOHITE, J.)
2 issues framed by the court
Whether leave to file a criminal appeal under Section 372 CrPC amidst procedural irregularity should be granted.
Whether the High Court should entertain a criminal appeal from an acquittal at the state level when the appeal lies in the Sessions Court.
2 provisions across 1 enactments
The State of Maharashtra
Dnyanu Shankar Kolekar
ores
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
