The High Court reviewed the reasoning in an acquittal order and, finding a case made out, granted leave under Section 378(3) Cr.P.C. to admit the special appeal against the acquittal in Sessions Case No. 75 of 2007.
Leave under Section 378(3) Cr.P.C. granted and the appeal admitted.
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.
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FARAD CONTINUATION SHEET APPELLATE SIDE
Criminal Application No.2358 of 2008
-----------------------------------------------------------------------------------------------------Office Notes, Office Memoranda Court's or Judge's orders of Coram, appearance, Court's orders or directions and Registrar's orders
Mrs.M.M.Deshmukh, APP for State.
CORAM: B.H.MARLAPALLE &. SMT.ROSHAN S. DALVI,JJ.
August 3, 2009.
P.C.
Heard Mrs.Deshmukh, the learned APP.
We have gone through the reasoning set out in the impugned order of acquittal passed by the learned Ad-hoc Addl. Sessions Judge-4 at Nashik on 31/3/2008 in Sessions Case No.75 of 2007. We are satisfied that a case has been made out to grant leave under Section 378(3) of Cr.P.C.
Hence leave granted and the appeal is admitted.
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Action under Section 390 of Cr.P.C. to
be taken by the Sessions Court.
Call for R. & P.
(SMT.ROSHAN S.DALVI,J.) (B.H.MARLAPALLE,J.)
1 issue framed by the court
Whether leave under Section 378(3) Cr.P.C. should be granted for the appeal to proceed.
2 provisions across 1 enactments
B.H.MARLAPALLE
ROSHAN S. DALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
