The High Court granted leave to the State to appeal an order of acquittal in a Sessions Case. The appeal was admitted and the trial Court was directed to take action under Section 390 CrPC.
Leave to appeal granted; Appeal admitted; Directions issued to Trial Court under Sec. 390 CrPC.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
Criminal Application No.867 of 2007
The State of Maharashtra
v/s.
Mrs.M.M. Deshmukh, APP for Applicant/State.
CORAM : B.H. MARLAPALLE &
SMT.ROSHAN DALVI, JJ.
Dated : 20th July,2009
P.C. :
1.Heard Mrs.Deshmukh, learned Assistant PublicProsecutor.
2.In Sessions Case No.137 of 2006, both the accused came to be acquitted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and hence, the order of acquittal dated 30.11.2006 is sought to be challenged by the State.3.By this Application, the State seeks leave to appeal under Section 378(3) of the Code of Criminal Procedure.4.Leave granted.5.Appeal is admitted.6.Action under Section 390 of Criminal Procedure Code to be taken by the trial Court.[SMT.ROSHAN DALVI, J]
[B.H. MARLAPALLE, J.]
2 issues framed by the court
Whether the State is entitled to leave to appeal against an order of acquittal under Section 378(3) CrPC.
What actions under Section 390 CrPC the trial Court must take.
3 provisions across 2 enactments
The State of Maharashtra
Mrs. M.M. Deshmukh
The Accused
B.H. Marlapalle
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court