Court dismissed Criminal Application No. 89 of 2014, holding applicant cannot file direct appeal in High Court against acquittal. Applicant directed to approach Sessions Court under Section 372 CrPC or file appropriate writ.
Application dismissed; applicant allowed appropriate legal course under Section 372 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.
28-alp-89-14.doc
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Ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 89 of 2014
Dinesh Mangilal Porwal Vs
Sandip Harakchand Maru & ors
..Applicant.
..Respondents.
Shri Manish R. Bohra Advocate for the Applicant. Smt. V.S. Mhaispurkar, APP for the State.
CORAM : A. R. JOSHI, J. DATE : 28th October, 2014.
P.C.
Heard learned advocate for the applicant in this application for leave to file appeal challenging the judgment and order of acquittal of the respondent for the offence punishable under sections 406 and 420 of the IPC. The impugned judgment and order was passed by JMFC Bhiwandi, District Thane on 17.12.2013. Though in the appeal memo it is specifically mentioned that the present appeal is filed under section 378(4), this course of action is not available to the original de-facto complainant when the matter is arising out of the police case as in the present case. Otherwise also if the present appeal is to be considered under the provisions of Section 372 of Criminal Procedure Code, in that event, the present appeal is required to be taken before the concerned Sessions Court. This legal position has been fairly conceded by the learned counsel for the applicant and he submitted to the directions of the Court. In view of the above, the present criminal application is dismissed and disposed of. The applicant is at liberty to take appropriate course of action as available under the law.
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2 issues framed by the court
Whether leave to file appeal challenging judgment and order of acquittal is maintainable under Criminal Application No. 89 of 2014 when proper writ petition route is available.
Whether application under Section 372 Criminal Procedure Code is maintainable before High Court without first approaching Sessions Court.
Dinesh Mangilal Porwal
Sandip Harakchand Maru
A. R. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
