Bombay High Court
The State Of Maharashtra vs Yogesh @ Golu Raghunath Chaudhari And ... on 12 December, 2023
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
-1- 908-APEAL.1128.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 1128 OF 2019
YOGESH @ GOLU RAGHUNATH CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Appellant : Mr. N. L. Choudhari
APP for Respondent - State : Mrs. Uma Bhosale
.....
WITH
APPLICATION FOR LEAVE TO APPEAL BY STATE NO.16 OF 2020
THE STATE OF MAHARASHTRA
VERSUS
YOGESH @ GOLU RAGHUNATH CHAUDHARI AND OTHERS
.....
APP for Applicant - State : Mrs. Uma Bhosale
.....
CORAM : SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATED : 12th DECEMBER, 2023
PER COURT :
1. Though Criminal Appeal No.1128 of 2019 is ready for
hearing and the appellant therein is in jail, learned APP is pointing
out that Application for Leave to Appeal by State No.16 of 2020 is
filed by prosecution under section 378(1)(b) of the Code of
Criminal Procedure (Cr.P.C.) to challenge the acquittal of co-
accused by the same judgment passed by the Special
Judge/Sessions Judge, Nandurbar.
-2- 908-APEAL.1128.2019
2. It is unfortunate that the prosecution had not taken
this application for circulation at any point of time earlier. The
prosecution is not expected just to file the petition and forget it.
3. However, now it is to be noted that, in original
proceeding, all the accused persons were tried for the offence
punishable under section 302 read with section 34 of Indian Penal
Code and as regards to original accused nos.1 to 3, it was also
under section 3(2)(v) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short, "SCST Act").
Those accused i.e. accused nos.1 to 3 have been acquitted of the
said offence under SCST Act.
4. The prosecution is challenging the acquittal from
Atrocities Act as against appellant Yogesh Choudhari also. Here,
we are taking specific note of the provisions under section 14-A(1)
of SCST Act, which prescribes procedure for appeal. Acquittal can
then be challenged under the said provisions only and therefore,
the reading of section 14-A(1) of SCST Act with the non obstante
clause, an application under section 378(1)(b) of Cr.P.C. is not
maintainable, but it should be the direct appeal.
5. We therefore direct learned APP to carryout the
-3- 908-APEAL.1128.2019
necessary amendment and also direct the Registry, after the
amendment is carried out, to register the appeal under section
14-A(1) of SCST Act.
6. Issue notice to the respondents. Learned Advocate Mr.
Choudhari appearing for the appellant Yogesh Chaudhari waives
notice for him.
7. Further in view of section 15-A of SCST Act, we direct
learned APP to make original informant victim to be added as a
respondent no.5.
8. Issue notice to respondent no.5 also. Notices of
respondent Nos. 2 to 5, to be made returnable on 12.01.2023.
(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)
Tandale
Signed by: Manoj Tandale
Designation: PA To Honourable Judge
Date: 12/12/2023 17:24:19
