State applied for leave to appeal acquittal under IPC 354. Court held that under CrPC 372 the appeal lies to Sessions Court per provincial amendment. Application dismissed with direction to file appeal in correct forum.
State directed to take appropriate course of action by filing appeal in Sessions Court.
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936-ALS-40-15.doc
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Ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION
CRIMINAL APPLICATION No. 40 of 2015
The State of Maharashtra Vs Prakash Sahdev Shewale and Anr
..Applicant. ..Respondents.
Mrs P.P. Bhosale APP for the State. None for the respondents.
CORAM : A.R.JOSHI,J DATE : 25th JUNE, 2015
P.C. :
Present application for leave to file appeal is filed by the State challenging the judgment and order of acquittal of the respondents for the offence punishable under section 354 read with section 34 of IPC. Section 354 of IPC is non-bailable and cognizable offence and as such in view of the proviso to section 372 of Cr.P.C, the appeal against acquittal is required to be taken before the concerned Sessions Court as the impugned order is by Additional Chief Metropolitan Magistrate, Borivali, Mumbai. As such the present application cannot be entertained, with direction to the State to take appropriate course of action. In view of the above observations matter is disposed of.
(A.R.JOSHI, J.)
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1 issue framed by the court
Whether the High Court can entertain a criminal application for leave to appeal directly against an acquittal by a Metropolitan Magistrate when a provincial legislature amendment directs such appeals
2 provisions across 2 enactments
The State of Maharashtra
Prakash Sahdev Shewale and Anr
A.R.JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
