The State Of Maharashtra v. Shivaji Pandurang Dhole And Others

1 CriApln 2821/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CRIMINAL APPLICATION NO. 2821 OF 2017 THE STATE OF MAHARASHTRA

VERSUS

SHIVAJI PANDURANG DHOLE AND OTHERS ...

A.P.P. for Applicant/State : Mr. V.S. Badakh Advocate for Respondent Nos.1 to 4 : Mr. D.M. Shinde ...

CORAM : T.V. NALAWADE, J.

DATE : 21st DECEMBER, 2017 PER COURT :

The learned counsel for the respondentaccused submits that in this matter leave to file cannot be obtained from this Court under the provisions of Section 378 of Cr.P.C. The provisions of Section 378 [1A] and [1B] shows that when the acquittal is given by learned Judicial Magistrate, First Class of offence which is cognizable and nonbailable, the appeal shall lie to the Sessions Court.

2 CriApln 2821/17 In view of the circumstance, the proceeding is disposed of as not tenable with the liberty to take proper steps.

( T.V. NALAWADE, J. ) SRM/21/12/17