Mahendra Gautam Pagare v. The State Of Maharashtra And ORS

16-ALP-224-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.224 OF 2014 MAHENDRA GAUTAM PAGARE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA & ORS )...RESPONDENTS Mr.Hemant Ingle I/b. Mr.Prashant Goyal, Advocate for the Applicant.

Mr.Pratham Shirvale I/b. Mr.Sanjay Prabhakar Shinde, Advocate for Respondent Nos.2 to 4.

Mrs.M.R.Tidke, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

29th OCTOBER 2018 P.C. :

Heard the learned counsel appearing for the applicant/ First Informant. Perused the record made available. The learned counsel for the respondent nos.2 to 4 submits that he is required to examine the record and proceedings.

avk 1/2

16-ALP-224-2014.doc Prima facie, it is seen that evidence of the applicant/ PW1, who is the victim of the subject crime, is corroborated by evidence of PW2 Nandu Talekar. However, by taking hypertechnique view of the matter, the learned trial court is pleased to acquit the respondent nos.2 to 4 of the alleged offence. Case for consideration is, therefore, made out. Hence, the order :

ORDER

i) Leave as prayed is granted.

ii) Memo of Application for leave to appeal be treated as Memo of Appeal on effecting necessary amendments thereto. iii) Leave to amend is granted.

iv) Admit.

v) Issue notice to respondents.

vi) The learned APP waives notice for respondent no.1/State. vii) Call for Record and Proceedings.

viii) In the meanwhile, action under Section 390 of the Code of Criminal Procedure before the learned trial court. (A. M. BADAR, J.) avk 2/2