Citation : 2021 Latest Caselaw 2226 Bom
Judgement Date : 3 February, 2021
apeal607.19 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 607/2019
Rekha B. Divre
..VS..
State & ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri T.J. Patil, Advocate for the appellant
Shri S.D. Sirpurkar, APP for the respondent no. 1
CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.
DATED : 03/02/2021
1] The victim has filed this appeal under Section 372 of the Code of Criminal Procedure to challenge the judgment passed by the Sessions Court acquitting the respondent nos. 2 to 7 of the charge of commission of the offences punishable under Sections 143, 147, 148, 307 and 149 of the Indian Penal Code and Section 4/25 of the Arms Act. By the order dated 18/09/2019, this Court admitted the appeal. On 18/01/2021, when the appeal was listed before the Court, learned advocate for the appellant stated that the appellant does not want to prosecute the appeal. We refused to accept the oral statement and therefore, learned advocate for the appellant had sought a week's time to file affidavit of the appellant. Then the matter was listed on 01/02/2021 on which date none appeared for the appellant. The matter was adjourned. Today, learned advocate for the appellant states that the appellant is not responding, and he intends to withdraw the Vakalatnama.
ANSARI
2] None appears for the respondent nos. 2 to 6 though served. The office note shows that notice on the respondent no. 7 could not be served.
3] We refuse to accept the oral request made by learned advocate for the appellant to withdraw the Vakalatnama.
4] The appellant - Rekha Babarao Divre is directed to remain present before this Court on 12/02/2021 at 10:30 am.
If the appellant fails to remain present before this Court on 12/02/2021, we may secure her presence before this Court through due process of law.
JUDGE JUDGE ANSARI
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