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Ramesh S/O. Mukundrao Mahanubhav vs State Of Maharashtra Thr. Office … on 2 November, 2018

1 appa844.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (APPA) NO. 844/2017
IN
CRIMINAL APPEAL NO. /2017

Ramesh S/o Mukundrao Mahanubhav
..VS..
State of Maharashtra ors.
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders of directions
and Registrar’s orders
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Shri V.U. Waghmare, Adv h/f Shri A. Deshpande, Adv for the applicant
Shri T.A. Mirza, APP for the non-applicant/respondent no. 1
Shri A.D. Bhate, Advocate for the non-applicant/respondent nos. 2 to 5

CORAM : Z.A.HAQ, J.

DATED : 02/11/2018

The judgment passed by the Sessions Court
acquitting the accused of the charges of commission of the
offences punishable under Section 498A, Section 306 r/w
Section 34 of the Indian Penal Code is challenged under the
proviso below Section 372 of the Code of Criminal Procedure.
There is prayer for grant of leave to file appeal. Though the
learned advocate for the applicant/appellant has not pointed
out, the learned APP and the learned advocate for the
respondent nos. 2 to 5 have fairly pointed out that as per the
judgment given by the Hon’ble Supreme Court in Criminal
Appeal Nos. 1281/2018 and 1282/2018 (Mallikarjun
Kodagali (Dead) Through Legal representatives vs. State of
Karnataka ors.) on 12/10/2018, this appeal would lie as of
right and there is no need for the applicant/appellant to seek
leave.

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2 appa844.17

Accepting the above submission and considering
the proposition laid down in the case of Mallikarjun Kodagali
(supra), it is recorded that the prayer for grant of leave to file
appeal is rendered otiose, and hence no orders are required
on it.

Criminal Application (APPA) No. 844/2017 is
disposed accordingly.

CRIMINAL APPEAL NO. 2017

Taken up for further consideration/hearing.

Issue notice to the respondents, returnable on
19/12/2018.

Shri T.A. Mirza, learned APP waives notice for the
respondent no. 1 and Shri A.D. Bhate, Advocate waives notice
for the respondent nos. 2 to 5.

Call R. P.

JUDGE
Ansari

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