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Bombay High CourtALP/25/2024application allowed

Sangeet Ramchandra Raut v. Nitin Gajanan Raut

2024-09-10Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:21317 936-ALP-25-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 25 OF 2024 Sangeet Ramchandra Raut

VERSUS

Nitin Gajanan Raut ......

Mr. Shaikh M.A. Jahagirdar, Advocate for Applicant Mr. A.B. Chormal, Advocate for Respondent.

......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10th SEPTEMBER, 2024 ORDER :

1.

By this application for leave to file appeal, applicant/complainant challenges the order of acquittal dated 17.10.2022 passed by learned Judicial Magistrate, First Class, Court No.2, Shrirampur in S.C.C. No.599 of 2018. 2.

Heard learned advocate for applicant and learned advocate for respondent. Perused the impugned order and documents placed on record.

3.

Prima facie, it appears that trial Court has not properly appreciated the evidence on record. Hence, in the interest of justice, leave is granted to file appeal against judgment and order of acquittal dated 17.10.2022 passed by learned Judicial Magistrate, First Class, Court No.2, Shrirampur in S.C.C. No.599 of 2018.

S.P. Rane

936-ALP-25-24 4.

Application is allowed in terms of prayer clause 'C'. 5.

Appeal be registered.

6.

Appeal stands admitted. Learned advocate for respondent waives service of notice.

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane