Halima Anjum Mohammad Shareef vs The State Of Mha. Thr. Pso Ps ...
2023 Latest Caselaw 3684 Bom

                                              1                               APPEAL 76.23.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH, NAGPUR.

                                  CRIMINAL APPEAL NO. 76/2023

         Halima Anjum Mohammad Shareef                 Vs. State of Maharashtra and others
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. Abdul Subhan, Advocate for the appellant.
                          Mr. A.M. Kadukar, A. P. P. for respondent no.1.

                                          CORAM: VINAY JOSHI AND
                                                 BHARAT P. DESHPANDE, JJ.

DATE : 13/04/2023.

1. Heard.

2. Respondent nos. 2 to 5 were put on trial in Sessions Case No.211/2019 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code but, the Trial Court acquitted them by judgment and order dated 7.11.2022. The appellant is the wife of deceased claiming herself to be victim within the meaning of Section 2 (w)(a) of the Code of Criminal Procedure. Being aggrieved by the acquittal, she has preferred this appeal in terms of Section 372 of the Code of Criminal Procedure.

3. We deem it necessary to hear respondents at the time of admission.

4. Issue notice returnable after four weeks.

2 APPEAL 76.23.odt

Learned APP waives notice for respondent no.1.

5. In the meantime, learned APP shall take instructions whether the State has also challenged the order of acquittal.

[ BHARAT P. DESHPANDE, J.] [VINAY JOSHI, J.]

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