Kamlaben Amrutlal Mahyavanshi v. The State Of Maharashtra And ORS

902-appp-948-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.948 OF 2015 IN CRIMINAL APPLICATION (ALP) NO.258 OF 2015 Kalmaben Amrutlal Mahyavanshi ..Applicant V/s.

The State of Maharashtra & Ors.

.. Respondents ­­­­ Mr.Amit I. Sheth for the applicant.

Mrs.P.P. Bhosale APP for the Respondent­State. Mrs.P.H. Kantharia APP for Union of Territory. ­­­­ CORAM : A. R. JOSHI, J.

DATE : 18th DECEMBER, 2015.

P.C.

1.

Heard learned counsel for the applicant on this application for review of the order passed by this Court dated 26th August 2015.

2.

The order dated 26th August 2015 was passed in Criminal Application No.258 of 2015. The said application was filed by the applicant for leave to file appeal challenging the acquittal of the respondents in the matter of offences punishable under sections 342, 427 and 143 read with section 34 of Indian Penal Code. The order of acquittal was passed by N.S. Kamble page 1 of 2

902-appp-948-2015 JMFC, Daman on 22nd April, 2015 in a private complaint bearing no.123 of 2003.

3.

By detailed order it was ascertain by this Court whether there was just and proper cause to re­agitate the matter and to allow the applicant to challenge the said order of acquittal by taking recourse to section 378(4) of Cr.P.C. 4.

Today during the argument nothing is brought before the Court on behalf of the applicant­original complainant that there is a legal necessity to interfere in the said order rejecting the Criminal Application No.258 of 2015. There is nothing to review the earlier order and hence present application is dismissed and disposed of.

(A. R. JOSHI, J) N.S. Kamble page 2 of 2