The High Court dismissed the petition seeking a writ of mandamus directing the State to file an appeal against acquittal as non-maintainable. The Court also rejected the prayer to quash the order dismissing the petitioner's appeal, finding no error in that lower court order, as the appeal was not maintainable under Section 378(1) CrPC.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.520 OF 2010
Pandurang s/o Anna Tambe ..Petitioner
(Orig.Complainant)
Versus
The State of Maharashtra and ors.
..Respondents
Mr.M.K.Deshpande, Advocate for petitioner Mr.K.B.Choudhari, A.P.P. for respondent No.1
CORAM : P.V.HARDAS AND A.V.POTDAR, JJ.
DATE : 24th August 2010
PER COURT :
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the order dated 15.10.2008 passed by the Assistant Sessions Judge-II, Aurangabad, dismissing the appeal filed by the present petitioner. The aforesaid appeal filed by the petitioner came to be dismissed on the ground that the aforesaid appeal was not maintainable. The petitioner had filed an appeal against the order of the Judicial Magistrate, First Class acquitting the respondent to the appeal. Obviously, such an appeal at the behest of the petitioner was not maintainable under Section 378(1) of the Code of Criminal Procedure. We have perused the order of the Assistant Sessions Judge and we do not find any error in the order of the Assistant Sessions Judge dismissing the appeal filed by the petitioner.
( A.V.POTDAR, J.) ( P.V.HARDAS, J.)
(vvr/520.10criwp)
1 issue framed by the court
Whether the Court can issue a writ of mandamus directing the State to file an appeal against acquittal.
2 provisions across 2 enactments
Pandurang s/o Anna Tambe
The State of Maharashtra
P.V.HARDAS
A.V.POTDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
