The State Of Maharashtra Thr. Police Station Officer Police Station Badnera Amravati v. Santosh Dhanraj Kaithwas And Others

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 17/2017 IN CRIMINALAPPEAL NO. .............2017 ( The State of Maharashtra vs. Santosh Dhanraj Kaithwas and others ) ==========----------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. Sanjay Doiphode, Additional Public Prosecutor applicant/ appellant Mr. Rahul Nikare, Adv.h/for Mr. Mir Nagman Ali, Adv. for Res.Nos.,2,3,4 &5 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 9th March, 2018.

Since we prima facie find that the reasons recorded by the trial Court for disbelieving the testimony of the eye-witness do not appear to be reasonable and correct, leave is granted to the applicant-State to file the Appeal.

The prayer made in the Application is partly granted. Criminal Application stands disposed of.

CRIMINAL APPEAL:

Admit.

Call for the record and proceedings.

Appropriate steps under the provisions of Section 390 of the Code of Criminal Procedure should be initiated. Learned counsel, Shri Mir Nagman Ali, waives notice of hearing on behalf of the respondents 2,3,4 and 5. JUDGE JUDGE sahare