The State Of Maharashtra v. Babu Mainoddin Patel And ORS

(1) Cri. Appln. No. 567 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 567 of 2015 The State of Maharashtra, Through Police Station, Mukhed, .. Applicant District : Nanded.

(Original complainant) versus 1.

Babu Mainoddin Patel, Age : 35 years, Occupation : Agriculture.

2.

Rashol s/o. Chandsab Patel, Age : 50 years, Occupation : Agriculture.

3.

Shaffi Mainoddin Patel, Age : 22 years, Occupation : Moulana.

4.

Khyaum s/o. Maionoddin Patel, Age : 22 years, Occupation : Driver.

All R/o. Dongargaon, Taluka : Mukhed, .. Respondents District : Nanded.

(Original accused) .........................

Mr. S.D. Kaldate, Additional Public Prosecutor, for the applicant - State.

..........................

CORAM : S.S. SHINDE & A.M. BADAR, JJ.

DATE : 9TH FEBRUARY 2015

(2) Cri. Appln. No. 567 of 2015 PER COURT :

1.

Heard the learned Additional Public Prosecutor appearing for the applicant - State.

2.

It appears that the trial court has not properly appreciated the evidence of eye witnesses and also medical evidence. The case is established for allowing this Application seeking leave to file appeal. 3.

In the circumstances, the Application is allowed in terms of prayer clauses "A", "B", "C" and "F". The Application stands disposed of.

4.

Appeal Admit.

5.

Issue notices to the respondents upon admission of the appeal. 6.

Action under Section 390 of the Code of Criminal Procedure, 1973, to follow against the respondents, before Sessions Court, Kandhar, Link Court, Mukhed [District : Nanded].

( A.M. BADAR ) ( S.S. SHINDE ) JUDGE JUDGE ................................

puranik / CRIAPPLN567.15