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Bombay High CourtAPEAL/135/2014others disposed off

The State Of Maharashtra v. Sunil Hiralal Supat

2015-06-08Hon'Ble Shri Justice A.R. Joshi1 pages

37.apeal.135-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.135 OF 2014 The State of Maharashtra ..Appellant

Versus

Sunil Hiralal Supat ..Respondent ....

Mrs. Anamika Malhotra, APP, for the Appellant - State. ....

CORAM : A. R. JOSHI, J.

DATE : 8th JUNE, 2015 P.C.

1.

This is an appeal challenging the order of acquittal of the respondent for the offence punishable under Section 354 of IPC which is cognizable and non-bailable. In view of the provisions of Section 378(1)(a) of Cr.P.C. an appeal against acquittal is required to be taken before the Sessions Court challenging the order of J.M.F.C., Solapur. Inspite of that, this Court has earlier entertained and even admitted the appeal vide order dated 11.2.2014, however, the appeal cannot lie before this Court and is required to be taken before the concerned Sessions Court at Solapur. As such, present appeal is disposed of directing the State to take appropriate steps in view of Section 378 (1)(a) of Cr.P.C..

( A. R. JOSHI, J.) Deshmane (PS) 1 / 1