1 apeal102809 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1028 OF 2009 Seema Manik Patil ...Appellant VERSUS The State of Maharashtra ...Respondent Mr. Vidyadhar B. Koshe i/by Mr. Avinash Kamkhedkar for the Appellant Dr. F.R. Shaikh, Additional Public Prosecutor, for the State CORAM: A.M. KHANWILKAR AND A.P. BHANGALE, JJ. DATE: 23RD NOVEMBER, 2010 P.C.:- Counsel for the appellant submits that he had specifically argued before the trial Court that filing of fresh charge-sheet, after the first charge-sheet was already filed on record, and more so, adding new offence of MCOCA were impermissible and contrary to law. However, this contention has not been adverted to at all by the trial Court in the impugned decision. If it is true, it will be open to the appellant to go back before the trial Court and seek appropriate clarification of 2 apeal102809 the trial Court. It is not possible for this Court to sit in appeal and to decide whether the above contention was, in fact, raised before the trial Court or otherwise. If such contention was raised, we hope and trust, the trial Court would address the same. We express no opinion in that behalf. Appeal is disposed on the above terms. A.P. BHANGALE, J. A.M. KHANWILKAR, J.