1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Writ Petition No.813 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The appeal preferred by the petitioners before the learned Sessions Judge came to be disposed of on the ground that it was not maintainable. The sentence awarded to the petitioners is only of fine to the tune of Rs.100/- (Rupees hundred only) each,k in default S.I. for seven (7) days. Having regard to purport of Section 374 and 376 (c) of the Cr.P.C., the appeal is not maintainable and has been rightly disposed of. It is worthy to be noted that the appellate Court did not take cognizance of the appeal and has not passed any order on merits but had simply "disposed of" the same. Therefore, reliance of Mr.Shirsath, on certain observations in "Bani Singh and others Vs. State of U.P." AIR 1996 Supreme Court 2439, is misplaced because herein the appeal is not disposed of due to non prosecution or in default but is removed from the Board as the same was found not maintainable. Hence, the petition is dismissed. 3. Liberty granted to prefer Revision Application if it is so permissible. (V.R.KINGAONKAR,J.) Dt.16.09.2009. asp/office/Crwp813.09