Satyabhama Wd/O Ramprasad ... vs Bhushan Govind Ramteke And Others
2021 Latest Caselaw 1879 Bom

2801appa832.17                                                                                1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.
          CRIMINAL APPLICATION (APPA) NO. 832 OF 2017
              IN CRIMINAL APPEAL NO.     OF 2018
     (Satyabhama wd/o Ramprasad Nakashe vs. Mr. Bhushan Govind Ramteke & Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions           Court's or Judge's orders.
and Registrar's Orders.

                                Shri C.B. Barve, Advocate for the applicant -
                                appellant
                                Shri P.S. Wathore, Advocate for non-applicant -
                                respondent Nos. 1 to 8.
                                Shri N.R. Rode, APP for non-applicant - respondent
                                No. 9.
                                                  .....

                                            CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 28, 2021.

Heard Shri Barve, learned counsel for the applicant - appellant, Shri Wathore, learned counsel for non-applicant - respondent Nos. 1 to 8 and Shri N.R. Rode, learned APP for the non-applicant - respondent No. 9.

2. In this application, the appellant - mother of the deceased sought leave under proviso to Section 372 of the Criminal Procedure Code to prefer appeal against acquittal of the respondents/ accused for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

3. Considering the judgment of the Hon'ble Supreme Court in the case of Mallikarjun Kodagali vs. State of Karnataka & Ors., reported at (2019) 2 SCC 752, wherein it is held that it is a substantial right of the victim for exercising this right, no leave is required to be sought. In this view of the matter, Criminal Application stands disposed of.

4. S.O. four weeks for admission.

JUDGE *GS.