Vidya Vinod Ingle v. Vinod S/O Chintaman Ingle And Others
APPA646of16.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 646 OF 2016 (Vidya Vinod Ingle...vs..Vinod Chintaman Ingle & ors.) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Ms. S.V. Sohoni, counsel for the applicant.
None for non-applicants.
CORAM: ROHIT B. DEO, J.
DATE: 16 th NOVEMBER, 2017.
Heard.
The applicant is seeking condonation of delay in seeking leave under section 378(4) of the Code of Criminal Procedure to challenge the judgment and order dated 27.11.2012 in Regular Criminal Case 102 of 2007 delivered by Joint Civil Judge Junior Division Akot, by and under which the respondents (accused) are discharged. The complaint was instituted seeking to prosecute the accused under section 406 and 109 read with section 34 of the Indian Penal Code.
The reasons stated in the application for condonation of delay is that the applicant was not aware of the decision since the same was not intimated to her by her
APPA646of16.odt 2 counsel.
The reason is not entirely satisfactory. However, I am persuaded to allow the application in the interest of justice.
The averments in the application have gone unrebutted since no reply is filed by the non-applicants. Secondly, from a perusal of the judgment, it does appear that there is no finding recorded by the learned Magistrate that the accused and his family members are not in possession of the articles which according to the applicant are with them. The learned Magistrate has recorded a finding that the complaint is abortive or premature. The finding is that only because the articles are retained by the husband or his family, in the absence of any further proof that the same are misappropriated or misused, the offence is not made out, the learned Magistrate has discharged the non-applicants.
I would therefore, allow the application for condonation of delay in seeking leave to appeal under section 378(4) of the Code of Criminal Procedure subject of payment of cost of Rs. 500/-.
APPA646of16.odt 3 The application is allowed.
The application seeking leave under section 378(4) of the Code of Criminal Procedure be listed for hearing.
JUDGE R S Belkhede, PA