1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.536 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Reshma Afzal Mohd.Patel .. Applicant V/s. Afzal Mohd. Patel & Ors. .. Respondents Mr.K.K.V.Kurup for the applicant. Mr.M.K.Kocharekar for Respondent No.1. Mr.D.P.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 16TH,2009. P.C. Heard learned Advocate Shri K.K.V.Kurup for the applicant in the matter of delay condonation application for condonation of delay of 215 days delay to prefer the leave petition to file appeal challenging the acquittal of Respondent No.1 for the offence punishable under section 506, 498A and 307 of Indian Penal Code. Also heard learned Advocate 2 Mr.Kocharekar for Respondent No.1 acquitted accused. 2. It appears that there was no appeal preferred by the state against the said acquittal though present applicant complainant insisted. She also referred the matter to Advocate General, but with not favorable action. According to her, this has caused delay in preferring the leave petition to file the appeal against the acquittal. 3. On the question as to whether a complainant can prefer an appeal or revision against the acquittal in the matter of police case, learned Advocate for Respondent No.1 place reliance on two authorities as under : “1) 1975 DGLS(Soft.)232 Pakalapati Narayana Gajapathi Raju V/s. Bonapalli Peda Appadu AND 2) 1997 DGLS (Soft.)1200 Kishan Swaroop V/s. Government of Delhi (Ntc.)”, and submitted that there cannot be any appeal by private party when, complaint in the matter is initiated by police. At the most, a revision may 3 lie. By pointing out this, it is submitted that even if delay is condoned on the alleged ground, still there cannot be any appeal and only revision may be maintained. 4. Considering the grievance of the aggrieved original complainant and considering not filing of any appeal against the acquittal by State, in the opinion of this Court, the delay condonation application can be allowed. However, the question shall be kept open whether the applicant can validly prefer the appeal or whether it would be a revision against the order of acquittal and that shall be dealt with appropriately at the proper time. In the result, present application for condonation of delay is allowed. The matter is adjourned for six weeks. 5. With the above directions, the present delay condonation application is disposed of. (A.R. JOSHI, J.)