Sarika Akshay Ranade vs Akshay Arun Ranade And Ors
2022 Latest Caselaw 7633 Bom

                                     Ethape                  1              35-REVN-161-2020.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                         REVISION APPLICATION NO. 161 OF 2020

                                Sarika Akshay Ranade                   ...Applicant
                                     Versus
                                Akshay Arun Ranade And Ors             ...Respondent

                                                                 ....
                                Mr. Chaitanya Nikkte, Advocate for the Applicant.
                                mr. Sunil Paranjape i/by Mr. Omkar Paranjape for Respondent.
                                Mr. A. D. Kamkhedkar, APP for the Respondent - State.

             Digitally signed
                                                                 ....
             by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
             Date: 2022.08.06


                                                       CORAM : PRAKASH D. NAIK, J.

10:17:33 +0530

DATE : 4th AUGUST, 2022 PC :

1. The applicant is the original complainant. The FIR was

lodged by applicant for ofences punishable under Sections

323, 354 of the Indian Penal Code.

2. The respondent Nos. 1 and 2 were convicted by trial

Court for the aforesaid ofences. The judgment of conviction

was challenged by the accused before the Sessions Court

by preferring appeal which has been allowed and the

respondents are acquitted.

3. The applicant(complainant) had preferred this revision

application challenging judgment of acquittal.

Ethape 2 35-REVN-161-2020.doc

4. The learned Advocate for respondents has urged

preliminary objection that the revision application is not

maintainable, since the applicant has remedy of preferring

appeal under Section 372 of Cr.P.C.

5. Learned advocate for the applicant seeks permission

to convert this revision application into appeal under

Section 372 of Cr.P.C.

6. The request for conversion of the revision application

into appeal is objected by the learned advocate for

respondent. It is submitted that the revision itself is not

maintainable. The request for converting it into appeal is

made on preliminary objection by respondents.

7. Section 372 of Cr.P.C. provides an appeal for the

victim. In the present case remedy of appeal under the said

provision is available to the applicant.

8. Considering the aforesaid circumstances, the applicant

can be permitted to convert this revision application into an

appeal. Appropriate amendment may be carried out within

two weeks. On converting this application into appeal under

Section 372 of Cr.P.C., the matter may be placed before

appropriate Court. The fact that the applicant had bonafde

resorted to wrong remedy by preferring revision application Ethape 3 35-REVN-161-2020.doc

could be taken into consideration in the event question of

delay in preferring the appeal under Section 372 of Cr.P.C.

arises.

(PRAKASH D. NAIK, J.)