1 criapln4025-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4025 OF 2010 The State of Maha .. PETITIONER V/s Rama Kondiba Bhokre .. RESPONDENT .... Mr.K.G.Patil,APP.for State. Mr.G.G.Kadam,Adv.for Respondent. .... CORAM : T.V.NALAWADE,JJ. DATE : 25/04/2011 ORAL ORDER 1] This application is filed by the State for grant of leave to file appeal for challenging the judgment and order of J.M.F.C., Nanded delivered in S.C.C.No.1751/07. Record is called and both sides are heard. The spot panchanama shows that the road where the accident took place has the width of 60 ft. and the accident took place near the divider. It is the case of prosecution that Mini-door gave dash to motor cycle of complaint from backside and the accident took place at about 7.45 p.m. The accident took place in the city. The panchanama and the evidence of the witness do not show that damage was caused to 2 criapln4025-10 either vehicle. The trial Court has observed that there is possibility of non involvement of Mini-door in the accident. Further, no explanation is there from complainant as to how the Mini-door which is comparatively driven with slow speed than the speed of the motor cycle was attempting to over-take the motor cycle. If the motor cycle was being driven in moderate speed then why the motor cycle was present near the divider which was proper side for vehicles for over- taking the motor cycle. Thus, the view taken by the trial Court is a possible view and nothing can be achieved by giving permission to the State to file appeal. So application stands rejected. [T.V.NALAWADE,J.] umg/criapln4025-10