Meena Mukhesh Ghuge v. Mukesh Jayprakash Ghuge
Case at a glance
Outcome
Disposed of
Applications stand disposed of
Provisions considered
- Code of Criminal Procedure, 1973 ss. 372, 378(4)
Key paragraphs
- Para 44. In view of this, learned counsel for applicant seeks leave to withdraw these applications with liberty to present it before the appropriate forum. Leave granted. Applications stand disposed of with the aforesaid liberty. khs/JULY 2012/cri.appl.2776-12 (A.V.POTDAR, J.)
Judgment
Mr.S.S.Jadhavar, learned counsel for the applicant. Mrs.Y.M.Kshirsagar, learned A.P.P. for respondent/State (CORAM : A.V.POTDAR, J.) DATE : 20/07/2012 PER COURT :
Heard learned counsel Shri. Jadhavar for applicant. Criminal Application No.2776/2012 is for condonation of delay in preferring an appeal against the judgment of acquittal passed by the learned J.M.F.C. Sangamner in STC No.317/2007 vide judgment dated 2 31/05/2011. Cri. Appl. No.2775/2012 is an application seeking leave to prefer an appeal u/s. 378(4) of the Cr.P.C.
Admittedly, respondents were acquitted for the offences which can be classified and covered under the category “Non-bailable, cognizable offences”. Right of statutory appeal is provided to the aggrieved party/complainant in case of order of acquittal will be passed in the complaint lodged by him by virtue of statutory amendment of the year 2009 introduced to section 372 of the Cr.P.C.
In the proviso to section 372 as amended in the year 2009, it is clearly provided that the forum of appeal will be the forum where the appeal against conviction to be instituted. In view of this, the correct forum to prefer an appeal against acquittal is before the Court of Sessions, Ahmednagar Division, but in this application may be at Sangamner.
Operative part
In view of this, learned counsel for applicant seeks leave to withdraw these applications with liberty to present it before the appropriate forum. Leave granted. Applications stand disposed of with the aforesaid liberty. khs/JULY 2012/cri.appl.2776-12
(A.V.POTDAR, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Applications stand disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 372, 378(4).
Which court decided this case, and when?
Bombay High Court, on 20 Jul 2012. The bench was A V POTDAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.