Shilpi Vishal Acharya vs Vinay @ Vipul Bhola Bose And Ors
2022 Latest Caselaw 7318 Bom

                                                           8. cri apeal 1152-19.doc

RMA
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                        CRIMINAL APPEAL NO. 1152 OF 2019

      Shilpi Vishal Acharya                              .. Appellant
                  Vs.
      Vinay @ Vipul Bhola Bose & Ors.                    .. Respondents

      Mr. Anilkumar K. Patil for Appellant
      Mr. Hiren Mehta & Ms. Akshata B. Desai for Respondent Nos. 1 to 3
      Mr. Ajay Patil, APP for State

                                    CORAM : A.S. GADKARI &
                                            MILIND N. JADHAV, JJ.

                                    DATE     : 28th July 2022.
      P.C.:

This is an Appeal filed under Section 372 of Code of Criminal

Procedure, 1973 by daughter of deceased Mr. Navraj Quatra against

the Judgment and Order dated 06.05.2019 passed in Sessions Case

No. 15 of 2013 wherein Respondent Nos. 1 to 3 have been acquitted

by the Trial Court.

2. By a speaking order dated 11.03.2021, this Court had directed

the Public Prosecutor appearing in the present matter to seek

instructions from the State Government as to whether the State is

intending to file Appeal against the impugned Judgment and Order of

acquittal. Atleast on two earlier occasions, time was sought by the

learned APP to seek instructions in that behalf.

3. Today, Mr. Patil, learned APP appearing for State has placed on

record a photocopy of communication dated 28.07.2022 addressed to

8. cri apeal 1152-19.doc

Public Prosecutor, High Court, Mumbai by the Under-Secretary

(Legal), Law and Judicial Department, Government of Maharashtra.

Said communication is taken on record. It is stated therein as under:-

"With reference to the subject noted above as well as reference no. 3, I am directed to inform you that, this department yet not received any report/Appeal proposal and documents in above- mentioned matter from the office of the Public Prosecutor, Old Secretariat Annex, Sessions Court, Mumbai-32. This is for your information and necessary action."

4. After reading the said communication, we are at a loss and totally

disappointed by the pathetic and insensitive approach of the

concerned Public Prosecutor attached to the Court of Sessions,

Dindoshi, Mumbai and the concerned Additional Public Prosecutor

who conducted Sessions Case No. 15 of 2013. It is a matter of fact

that, invariably State of Maharashtra prefers / files Appeals against

acquittal in cases where offence alleged against accused persons are

of a lesser gravity or trivial in nature. It is also observed by this Court

in various cases that, State is also loath in preferring Appeals within

the period of limitation wherein accused persons have been acquitted,

who were facing serious charges such as the case in hand.

5. It, prima facie, appears to us that, to defeat the period of

limitation for filing the Appeal, the concerned Public Prosecutor did

not send the proposal to the Government for preferring / filing Appeal

before this Court. This dereliction is required to be explained by the

concerned Public Prosecutor.

6. In view thereof, before passing further Orders, we hereby direct

8. cri apeal 1152-19.doc

the Chief Public Prosecutor attached to the Court of Sessions at

Dindoshi (Borivali Division) Mumbai to file his personal affidavit in

this Court explaining the steps taken by him / her in preferring Appeal

against acquittal against the impugned Judgment and order. If no

steps have been taken till date, concerned Chief Public Prosecutor is

directed to explain why the same are not taken promptly and who is

responsible for not taking the steps as per law.

7. It is made clear that, if we notice any irregularity committed by

any of the persons in the hierarchy, we may be constrained to take

strict legal action against them.

8. Affidavit be filed on or before 12.08.2022 in the Registry of this

Court.

9. List the Appeal on board under the caption 'for Directions' on 18 th

August 2022.

10. Copy of the present Order be sent to the learned Advocate

General, Government of Maharashtra and to the Principal Secretary,

Law and Judiciary Department, Government of Maharashtra,

Mantralaya, Mumbai.

11. Learned APP is directed to communicate this Order to all

concerned by hand delivery.

[ MILIND N. JADHAV, J. ] [ A.S. GADKARI, J.] Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:

2022.07.29 19:03:54 +0530