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Bombay High CourtWP/1140/2003appeal dismissed

Bharati Rajesh Pahuja v. Choithram Shevaram Pahuja And ORS.

2020-01-31Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 211.Apeal296.03.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.296 OF 2003 The State of Maharashtra )....Appellant V/s.

Kavita Chovetram Pahuja & Ors.

)....Respondents WITH CRIMINAL WRIT PETITION NO.1140 OF 2003 ---- Ms.Anamika Malhotra APP for appellant-State in Cr.Appeal No.296/2003.

Ms.Smita Gaidhani a/w Ms.Neelam Yadav for respondent no.1. None for petitioner in Criminal Writ Petition No.1140/2003. ---- CORAM :K.R.SHRIRAM,J DATE : 31.1.2020 P.C.:- 1.

Learned APP appearing for the State states that it is settled law that when there is an appeal against acquittal, the appellate court should not interfere with the order of acquittal unless the appeal court finds that the conclusion arrived at by the trial Court is so perverse and it is impossible to arrive at such conclusion. 2.

Ms.Malhotra learned APP, true to her role as an officer of the Court states that there is absolutely no merit in the appeal and KJ

2/2 211.Apeal296.03.doc there is no perversity in the impugned judgment which requires interference. I must appreciate the candid statement made by the learned APP which goes long way to save very precious judicial time. 3.

Therefore, Appeal No.296 of 2003 impugning order and judgment dated 8.11.2002 passed by the JMFC, Pimpri, is dismissed. 4.

Clubbed to this appeal is also a Writ Petition No.1140 of 2003. Nobody is appearing for the petitioner. Petition dismissed. 5.

In view of dismissal of the Writ petition, all interim applications disposed.

(K.R.SHRIRAM,J) KJ