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Bombay High CourtAPPA/1067/2019allowed

Shri Arun Baburaoji Giradkar v. Ashok Gulabrao Shinde And Another

2021-02-24Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

1appa1067.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 1067/2019 Criminal Appeal No. _________/2021 Shri Arun Baburaoji Giradkar V/s Ashok Gulabrao Shinde and another ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

Shri H.N.Bhondge, Advocate for applicant.

Shri I.J.Damle, APP for respondent No.2.

CORAM: N.B.SURYAWANSHI,J.

DATE: 24/02/2021.

Heard learned advocate for the applicant/appellant and learned APP for the respondent no. 2. None appears for the respondent No.1, though served.

2.

Perused the judgment of the learned Trial Court. It appears that the learned Trial Court has not properly appreciated the document (Exhibit No.43), while dismissing the complaint and acquitting the respondent no. 1. In that view, the applicant/appellant has made out a case for grant of leave to file appeal.

3.

The applicant/appellant is therefore, granted special leave to challenge the judgment of acquittal in Summary Criminal Case No. 597/2015. 4.

The criminal application is allowed accordingly.

5.

Registry to register the appeal.

1appa1067.19.odt 2 Criminal Appeal No. ________/2021.

Heard.

Admit.

Call for Record and Proceedings.

Shri I.J.Damle, learned Additional Public Prosecutor waives notice for the respondent No.2. JUDGE rkn