Kamal Bhalchandra Ravale v. Ganpat Shivram Ravale

Prakash D. Naik, J.:— The Applicant has preferred Criminal Revision Application against the judgement and order of acquittal on 1.3.2014 passed by the Additional Sessions Judge Pune in Criminal Appeal No. 428 of 2010. The respondent-accused were convicted by the trial Court in Regular Criminal Case No. 58 of 2004 vide judgement and order dated 7.9.2010. Against the said judgement and order, the aforesaid Appeal was preferred by the accused which was allowed.

2. The Applicant is de-facto complainant in the said proceedings being the first informant. Prosecution was launched by the State. It would be appropriate to prefer an Appeal by invoking section 372 of the Code of Criminal Procedure, 1973. Learned Advocate for the Applicant submitted that the Applicant may be permitted to convert the Revision Application into an Appeal under section 372 of the Code of Criminal Procedure.

3. Permission is granted.

4. Applicant is permitted to convert the Revision Application into an Appeal under section 372 of the Code of Criminal Procedure. In view of the latest decision of the Supreme Court of India even for preferring an appeal against acquittal under section 372 of Code of Criminal Procedure, 1973 an order is required to be obtained. The Applicant is also permitted to seek leave to appeal challenging the order of acquittal. Appropriate amendments be carried out within a period of two weeks. Stand over to 20.2.2018.