In this criminal appeal, the High Court of Mumbai granted leave to the applicant to prefer an appeal against an order acquitting an accused and setting aside the issuance of process. The appeal was registered to be heard alongside related writ petitions.
Leave to prefer criminal appeal granted. Appeal registered and listed for hearing.
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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SNS
IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.169 OF 2010 IN
CRIMINAL APPEAL NO. OF 2009
Shri Dilip G. Badlani ...Applicant. v/s. The State and Anr. ...Respondents.
Mr.P.J.Pandit ,adv. For the Applicant.
Smt.U.V.Kejriwal, APP For the Respondent/State.
CORAM : J.H. BHATIA, J. DATED : MARCH 7, 2011.
P.C.
1 Heard the learned counsel for the applicant, who is original
complainant. None for the respondent no.2/original accused no.4. Perused the impugned order. The learned counsel for the applicant points out that three other accused persons, who are also doctors have preferred writ petition nos.411 of 2010 and 1554 of 2009 challenging the issuance of process.
2 By this application, the applicant seeks leave to prefer appeal against the impugned order whereby the learned Additional Sessions Judge set aside the order issuing process and acquitted the accused no.4/respondent no.2.
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3 In view of the facts and circumstances, leave to prefer
appeal granted. Appeal be registered and be listed alongwith the above referred two writ petitions for admission and hearing.
(J.H. BHATIA,J.)
1 issue framed by the court
Whether leave to prefer a criminal appeal against the impugned order acquitting the accused should be granted.
Dilip G. Badlani
The State and Anr.
J.H. Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
