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Bombay High CourtALP/281/2014others disposed off

Usha Samir Adhangle Alias Usha M Rahi v. Samir Sadashiv Adhangle Nee Samir Sadashiv Dhanawade

2015-09-21Hon'Ble Shri Justice A.M. Thipsay3 pages

Tilak 1/3 (10)ALP-281-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.281 of 2014 Usha Samir Adhangle @ Usha M. Rahi .. Applicant

Versus

Samir Sadashiv Adhangle Nee Samir Sadashiv Dhanawade & Ors .. Respondents --- Mr. Rizwan Merchant, Advocate for the applicant. Mr.R.B.Mokashi, Advocate for respondent nos.1 and 2. Mrs.M.R.Tidke, APP for the Respondent State.

--- CORAM : ABHAY M. THIPSAY, J.

DATED : 21st SEPTEMBER, 2015 --- P.C. :

Heard Mr.Rizwan Merchant, learned counsel for the applicant. Heard Mr.R.B. Mokashi, learned counsel for respondent nos.1 and 2.

The applicant is the First Informant. This Appeal against acquittal is being filed in view of the proviso to section 372 of the Code of Criminal Procedure. Such Appeal shall lie to the Court of Sessions as the order of acquittal has been recorded by a Metropolitan Magistrate. The Appeal, therefore, cannot be filed in this Court.

Tilak 2/3 (10)ALP-281-14 Let the Record and Proceedings be forwarded to the Court of Sessions for doing the needful in accordance with law. (ABHAY M. THIPSAY, J)

Tilak 3/3 (10)ALP-281-14 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.