1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Appeal No. 425/2009 (SURYAKANTA BABAN WANKHEDE VS. THE 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 CORAM : P.D. KODE, J DATED : NOVEMBER 21, 2009 Heard Mr. Kalwaghe, learned counsel for the appellant and Mr. Thakare, learned APP for respondent State. Learned counsel for the appellant states that the appellant is a victim of an offence for which Crime No. 155/2007 was registered with Police Station Tamgaon under Sections 354, 504, 294, 323 & 506 of IPC and u/s 3(1)(xi) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, and as a result of investigation, Special Atrocities Case No. 02/2008 was registered upon the report filed by the Investigation Officer. He further states that, after the trial, the 2 accused in the said case was acquitted by a judgment and order passed on 9.6.2009. He states that the appellant, being aggrieved by the said order, intended to take exception to the same and for the said purpose, due to erroneous belief that the amendment inserted by Act No. 5 of 2009 having come into force, she has presented the present appeal. He states that the appellant later on learnt that in view of the notification as required under sub-section 2 of section 1 of the amended Act being not issued by the Government, the said amendment has not come into force. He states that having due regard to the intent of the applicant/appellant that she wants to take an exception to the judgment and order of acquittal recorded in the concerned trial, the appeal preferred by her under erroneous belief may be ordered to be treated as an application in revision as permissible under the existing provisions of law and in order to facilitate the prosecution of the said proceeding, she may be permitted to make the consequential amendments to the title as well as prayer clause of the present appeal. Having due regard to the act of an appellant to present the appeal and the purpose behind the same 3 and for serving the ends of justice, the request deserves to be allowed. The applicant to effect the necessary amendments as permitted by this order within four days from today. Upon necessary compliance, office to re-register the proceedings as an application in revision by showing the appeal presented being disposed of in terms of above order. On failure to make the necessary compliance within the time given, the proceedings to be treated as stand dismissed. In event of re-registered application, list for admission on 30/11/2009. JUDGE Rvjalit