1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.770/2010 IN CRIMINAL APPEAL NO._________/2011 (Safiya d/o Umarkhan .vrs. State of Maharashtra and another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.A. Marathe, Advocate for applicant, Mr. D.P. Thakre, APP for respondent no.1/State, .......... CORAM : P.D. KODE, J. DATED : MARCH 25, 2011 Heard. The learned counsel for the applicant states that the applicant is a victim within the meaning of Section 2(wa) of Cr.P.C. of offences for which Crime No. 419/2007 was registered at Gittikhadan Police Station, Nagpur and Session Trial No.172/2009 was held in the Session Court at Nagpur. It is urged that respondent no.2/accused was acquitted by the trial court vide judgment and order of acquittal delivered on 3.7.2010. It is urged that the applicant intended to challenge the said judgment and order of acquittal and accordingly prepared an appeal. However, as provision of Section 372 of Cr.P.C. went unnoticed in stead of preferring an appeal, the applicant erroneously preferred present application u/s 378(4) of Cr.P.C. for granting leave for preferring such appeal. It 2 is urged that since right has been conferred upon the applicant to prefer an appeal by virtue of provision u/s 372 of Cr.P.C., the application preferred by her is superfluous and hence she may be permitted to withdraw the same. It is urged that for the said purpose the applicant had filed a pursis bearing stamp no. 745/2011. It is urged the applicant may be permitted to carry out consequential amendment in an appeal already presented by him along with the same application i.e. in the cause title and so also the prayer clause no.1. The submission canvassed by the learned counsel for the applicant being in accordance with the provisions of law pointed out by him and real intent of the applicant in approaching this court for redressal her grievance to prefer an appeal to challenge the judgment and order of acquittal passed in favour of respondent no.2, the prayer made will deserves consideration. The Criminal Application (APPA) No.770/2010 stands disposed of as withdrawn. The appeal preferred along with the same be treated as an appeal preferred by victim u/s 372 of Cr.P.C. The same be numbered. The appellant to carry out necessary amendment within a week from today. List the appeal for admission thereafter. JUDGE Gulande