1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 548 of 2010 IN Criminal Appeal No. of 2010 [The State of Maharashtra Vs. Vinod Devaji Rahulkar & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. D.B. Patel, APP for appellant. ----- CORAM : A.H. JOSHI AND P.B. VARALE, JJ. DATE : 14th September, 2010. 1. This is an application for leave to appeal. 2. Heard learned APP Mr. D.B. Patel for the appellant. 3. Accused were charged for commission of offences punishable under Sections 143, 147, 148, 149, 188, 341, 307 of Indian Penal Code, Sections 144 and 149 of Criminal Procedure Code, and Sections 37 (1) and 135 of the Bombay Police Act, for violating prohibitory orders etc. 4. The learned Sessions Judge has held that the prosecution has failed to prove promulgation of prohibitory orders in the society. 2 5. In absence of proof of promulgation of such orders, violation thereof turns out to be imaginary, or not proved. Hence the result of conviction cannot be achieved. 6. The impugned Judgment and order is, therefore, based on lack of evidence on record. 7. No indulgence can be granted in such a matter in an appeal against acquittal. 8. Application for leave and appeal are accordingly rejected. Judge Judge |Hedau|