Dismissed

The State of Maharashtra v. Dattatraya Namdeo Gunjal and Ors.

Bombay HC11 Jun 2015ALS/230/2013

Case brief

AI extract

What is this about?

Justice A.R. Joshi rejected the State of Maharashtra's application for leave to file a criminal appeal. He directed that the appeal must first be filed before the Sessions Court as the offence involves non-bailable nature under Section 498A IPC.

What did the court decide?

Application for leave to file appeal rejected; matter remitted to the concerned Sessions Court.

The State of Maharashtra Vs Dattatraya Namdeo Gunjal and… — Property and Title | Bombay HC (2015)

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ALS 230-13.doc

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Anand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.230 OF 2013

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The State of Maharashtra .Applicant

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 v/s.

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Dattatraya Namdeo Gunjal & ors .Respondents

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Mr.A.R.Patil, APP, for the Applicant – State
Mr.P.G.Sarda, Advocate, for the Respondent Nos.
1 to 6

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CORAM:A.R.JOSHI, J.

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DATE :11.06.2015

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P.C.

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.This is an application for leave to

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file an Appeal challenging the Judgment and

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Order of acquittal of the respondents in the

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matter of offences punishable under Sections
323, 498A, 504 & 506 r/w.34 of the Indian Penal
Code. The Judgment and Order of acquittal was

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passed by the learned Judicial Magistrate F.C.,

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Karmala, District – Solapur. It is dated
06.02.2013. One of the charges for which the
respondents were acquitted is the offence

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1 of 2

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ALS 230-13.doc

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punishable under Section 498A of the Indian
Penal Code. The offence under this section is
non-bailable and cognizable, if the complaint is
lodged by the aggrieved party. In view of this
factual position, the Appeal challenging
acquittal of the respondents is required to be
taken before the concerned Sessions Court in
view of provisions of Section 378(1)(b) of the
Code of Criminal Procedure. As such, the present
matter cannot be taken up here and the present
application for leave to file the Appeal is
rejected & disposed of accordingly with
direction to the State to take appropriate steps
in view of provisions of Section 378(1)(b) of
the Code of Criminal Procedure.

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The State of Maharashtra v. Dattatraya Namdeo Gunjal and Ors.

Case brief

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The State of Maharashtra v. Dattatraya Namdeo Gunjal and Ors.

Case brief

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