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Bombay High CourtALS/49/2016others disposed off

Union Of India v. Krishna Singh S/O Rajendra Singh And ORS

2016-11-28Hon'Ble Shri Justice Ranjit More.,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

41 ALS 49 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.49 OF 2016 Union of india .... Applicant V/s.

Krishna Singh s/o Rajendra Singh and ors .... Respondents Ms. Rebecca Gonsalvez, for the Applicant Union of India. Mrs. A.S. Pai, APP for the Respondent State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 28th NOVEMBER, 2016.

P.C. :

1.

Heard learned Special Public Prosecutor, appearing on behalf of Union of India.

2.

At the outset, learned Special Public Prosecutor appearing on behalf of Union of India, submits that the present application is already dismissed for default as against respondent No.2. 3.

In view of statement of learned Special PP, we restrict this application so far as respondent No.1 is concerned. 4.

On perusal of the impugned judgment and order, we find that prima facie case is made out for grant of leave to appeal against 1/2

41 ALS 49 OF 2016.doc respondent No.1.

5.

Application is allowed.

6.

Appeal admitted only against respondent No.1. 7.

The Registry is directed to take action under Section 390 of Code of Criminal Procedure against respondent No.1. [DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 2/2