High Court rejected application for leave to appeal against acquittal for offences under Sections 323, 498A, 504 and 506 IPC. Court directed State to proceed under Section 378(1)(b) CrPC by filing appeal in Sessions Court.
Application for leave to file appeal rejected; direction to State to take steps under Section 378(1)(b) CrPC.
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ALS 23013.doc
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.230 OF 2013
The State of Maharashtra .Applicant
v/s.
Dattatraya Namdeo Gunjal & ors .Respondents
Mr.A.R.Patil, APP, for the Applicant – State
Mr.P.G.Sarda, Advocate, for the Respondent Nos.
1 to 6
CORAM:A.R.JOSHI, J.
DATE :11.06.2015
P.C.
.This is an application for leave to
file an Appeal challenging the Judgment and
Order of acquittal of the respondents in the
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
passed by the learned Judicial Magistrate F.C.,
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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ALS 23013.doc
punishable under Section 498A of the Indian
Penal Code. The offence under this section is
nonbailable 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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1 issue framed by the court
Whether leave to file an appeal challenging acquittal can be granted directly in High Court when Section 378(1)(b) CrPC mandates filing before Sessions Court.
2 provisions across 2 enactments
The State of Maharashtra
Dattatraya Namdeo Gunjal and ors.
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court