Mrs. Shobha W/O Vishwanth Bansod v. The State Of Mah. Thr. Pso, Pso, Gadge Nagar Tq. And Dist. Amravati And Another.

1 39.APEAL.674-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 674 OF 2024 ( Mrs. Shobha W/o Vishwanth Bansod Vs.

State of Maharashtra & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Doifode, APP for the Respondent/State. CORAM: URMILA JOSHI-PHALKE AND NIVEDITA P. MEHTA, JJ.

DATED : 21st APRIL, 2026 1.

In view of order dated 05.01.2026, the Registry has submitted its report stating that as per Chapter 1 Rule II of Bombay High Court Appellate Side Rules, 1960 the matter wherein the offence with which accused was charged is one punishable on conviction with a sentence exceeding ten years shall be placed before the Division Bench, and therefore, the instant Appeal lies before the Division Bench. 2.

The proviso given under Section 372 of the Code of Criminal Procedure, which reads as under:

"Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court."

2 39.APEAL.674-2024.odt 3.

The Registrar (Judicial), is requested to consider the proviso given under Section 372 of the Code of Criminal Procedure and submit a report whether the Appeal would lie before this Court or Sessions Court.

4.

List the matter after Summer Vacation.

(NIVEDITA P. MEHTA, J.) (URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 22/04/2026 10:38:36