Smita Sandeep Sharma v. Sandeep Hariprasad Sharma And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [APPLN] NO.575 OF 2015 Smita Sandeep Sharma ..Applicant

Versus

Sandeep Hariprasad Sharma and Anr.

..Respondents ....

None for the Applicant.

Mr. A.R. Patil, APP, for the State.

....

CORAM : A. R. JOSHI, J.

DATE : 15th SEPTEMBER, 2015 P.C.

1.

None for the applicant in this application for condonation of delay of 50 days in filing the appeal challenging the acquittal of the respondent in the matter of offence punishable under Sections 498A and 406 of IPC. The impugned judgment and order was passed by J.M.F.C. Vashi, Navi Mumbai in Regular Criminal Case arising out of police chargesheet and bearing RCC No.117 of 2007. The present applicant is apparently a victim as contemplated by proviso to section 372 of Cr.P.C. and in that event present appeal challenging the acquittal is required to be taken before the concerned Sessions 1 / 3

Court. As such, it is not necessary to deal with the present application for condonation of delay before this Court and hence entire matter is disposed of as cannot lie before the High Court. Liberty to the applicant to move appropriate forum for challenging the acquittal of the respondent. Application is disposed of accordingly.

( A. R. JOSHI, J.) Deshmane (PS) 2 / 3

C E R T I F I C A T E Certified to be true and correct copy of the original signed order. 3 / 3