Namdeo S/O. Narayan Dethe v. The State Of Maharashtra And Others

925(ii) .Cri.ALP-4-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 4 OF 2023 NAMDEO S/O. NARAYAN DETHE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Surve Kshitij H. APP for Respondent/State : Mr. P. N. Kutti ...

CORAM : KISHORE C. SANT, J.

DATE : 17th JANUARY 2023.

Per Court :

1.

This is an application seeking leave to file an appeal against acquittal challenging the judgment of acquittal of the respondents from the offences punishable under Sections 306 and 498-A read with Section 34 of the Indian Penal Code. The impugned judgment is dated 20.06.2015 passed by the learned Assistant Sessions Judge, Jalna in Sessions Case No. 267/2014.

2.

The learned APP has placed on record an order passed by this

925(ii) .Cri.ALP-4-2023.doc Court in Criminal Application No.5093/2015 challenging the acquittal of the respondents in the same case. This Court by considering the merit of the matter was pleased to refuse leave to file an appeal. In view of the same, since the challenge is already turned down by this Court in an application filed by the State Government, there would be no propriety in entertaining the present appeal. The present appeal is thus rejected.

[ KISHORE C. SANT, J.] Najeeb.