The State Of Maharashtra vs Rameshwar S/O. Sahebrao Pitale
2023 Latest Caselaw 6911 Bom

                                        -1-                      913-ALS-18-2019

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

APPLICATION FOR LEAVE TO APPEAL BY STATE NO.18 OF 2019
         WITH APPLN/1594/2023 IN ALS/18/2019

                     THE STATE OF MAHARASHTRA
                               VERSUS
                   RAMESHWAR S/O. SAHEBRAO PITALE

                                        ...
               APP for Appellant - State : Mr. A. M. Phule
 Advocate for Applicant in APPLN/1594/2023 : Ms. S. L. Awchar (Absent)
                                        ...
                                CORAM : SMT. VIBHA KANKANWADI AND
                                        ABHAY S. WAGHWASE, JJ.

DATED : 12th JULY, 2023 PER COURT :

1. Learned APP submits that inadvertently application

has been fled under section 378(1)(b) of the Code of Criminal

Procedure (Cr.P.C.). When, in fact the prosecution intends to

challenge the judgment and order of acquittal of respondent by

learned Special Judge under the Atrocities Act and the Additional

Sessions Judge, Jalna in Special Case (Atro) No.04 of 2015, dated

22.10.2018 and the respondent has been acquitted of the offences

punishable under sections 376, 506 of the Indian Penal Code and

under sections 3(1)(xi)(xii) and 3(2)(v) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(Atrocities Act), it is submitted that, appeal ought to have been

fled under section 14-A of the Atrocities Act. Therefore, he seess

liberty to carry out the amendments in the title as well as if

-2- 913-ALS-18-2019

required in the body of the memo.

2. Prayer stands allowed. The amendment to be carried

out within a period of one wees.

3. There is also another Criminal Application No.1594 of

2023, which appears to have been fled by the prosecutrix. Though

it is styled as intervention application to Application for Leave to

Appeal by State No.18 of 2019 and also it is mentioned that it is

under section 378(4) of Cr.P.C, it appears to be due to inadvertence

of the Advocate. Advocate was appointed through Legal Aid

Committee to represent the prosecutrix. Since she is absent, she

may also carry out the amendment as it is independent right of

prosecutrix to challenge any order or judgment as provided under

section 14-A(1) of Atrocities Act. The said amendment to be

carried out within one wees.

4. Place the matter for further consideration on

26.07.2023.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)

Tandale