11. appln 4953­09.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 4953 OF 2009 (For Leave to Appeal) The State of Maharashtra .. Applicant Vs 1. Prakash Pandurang Kanade, 2. Ramakant Mahadeo Kanade, 3. Kashiram Mahadeo Kanade, 4. Divakar Pandurang Kanade .. Respondents Mrs. S.V. Sonawane, APP for the Applicant - State CORAM : J.H. BHATIA, J DATE : 8th SEPTEMBER, 2011. P.C.: 1. Heard the learned APP. Perused the impugned judgment and order passed by the Sessions Court whereby the Appeal filed by the accused persons against their conviction for the offence under Section 323 read with Section 34 of IPC was allowed. 2. The State seeks leave to prefer Appeal against the said order of acquittal passed by the Sessions Court. On perusal of the judgment of both the Courts below, it appears that accused no.1 - Prakash Kanade had actually assaulted and injured the victim and other three accused persons had participated in the 1 11. appln 4953­09.doc offence. 3. The present application seeking for leave to prefer Appeal is pending for last about two years. In spite of repeated opportunities given to the prosecution, notice to respondent nos. 1 and 2 could not be served. On 14th July, 2011, conditional order was passed to furnish the correct address of respondent nos. 1 and 2 within three weeks, failing which the application against them would stand dismissed. It was further directed that if the address is furnished, fresh notices returnable on 8th September 2011 would be issued. Admittedly, the prosecution could not furnish the correct address of respondent nos. 1 and 2 and the notices could not be issued to them. By virtue of conditional order, the application against respondent nos. 1 and 2 stands dismissed. When the application against the main accused is already dismissed due to failure to serve the notice to them, I do not see any propriety in granting leave to prefer Appeal against respondent nos. 3 and 4 who had not caused any injury to the victim. 4. Hence, the application stands rejected. [ J.H. BHATIA, J ] 2 11. appln 4953­09.doc 3