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Bombay High CourtALS/82/2020rejected at admission stage

The State Of Maharashtra v. Goutam S/O. Haribhau Sonwane

2023-10-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

918 ALS-82-2020

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 918 APPLICATION FOR LEAVE TO APPEAL BY STATE NO. 82 OF 2020 THE STATE OF MAHARASHTRA

VERSUS

GOUTAM S/O. HARIBHAU SONWANE ...

Mr. R.D. Sanap - APP for Applicant, State Mr. C.P. Sengaonkar - Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th October, 2023 PER COURT :

1.

Heard rival submissions.

2.

Though the applicant - State through A.C.B., Beed is seeking leave to challenge the acquittal of the respondent - accused vide judgment and order dated 25th February, 2020 in Special (A.C.B.) case No.21 of 2016 recorded by the learned Additional Sessions Judge, Beed but on going through the record it appears that, the Investigating Officer i.e. P.W. 4 had in fact issued letter for panchas as per Exh.45 on 16.05.2016. 3.

It is important to note that, on the said date the Pooja K.

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918 ALS-82-2020 informant had not even met with him. Moreover, the informant in his cross-examination had admitted that, whatever amount accepted by the respondent - accused was in fact towards legal fees of measurement. Therefore, considering this glaring aspect I am not inclined to grant any leave to challenge the aforesaid judgment and order. Accordingly, the application stands rejected.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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