1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.520 OF 2010 Pandurang s/o Anna Tambe ..Petitioner (Orig.Complainant) Versus The State of Maharashtra and ors. ..Respondents Mr.M.K.Deshpande, Advocate for petitioner Mr.K.B.Choudhari, A.P.P. for respondent No.1 CORAM : P.V.HARDAS AND A.V.POTDAR, JJ. DATE : 24th August 2010 PER COURT : 1. This is a petition filed under Article 226 of the Constitution of India seeking twin reliefs, one of quashing and setting aside the order passed by the Assistant Sessions Judge-II, Aurangabad, dated 15.10.2008, dismissing the appeal filed by the present petitioner and for issuance of a writ of mandamus directing the respondent-State to submit a proposal for filing an appeal against acquittal of the respondent-accused. 2. Insofar as the relief of issuance of a writ of mandamus directing the State to file an appeal against the accused in R.C.C.No.87/2002, according to us such a relief is not maintainable. The Court cannot direct the filing of an appeal against acquittal. It is the sole discretion of the State as to in which matter an appeal is required to file. We are, therefore, not inclined to grant the relief prayed for at prayer clause (C) is concerned. The petitioner has also prayed for quashing and setting aside 2 the order dated 15.10.2008 passed by the Assistant Sessions Judge-II, Aurangabad, dismissing the appeal filed by the present petitioner. The aforesaid appeal filed by the petitioner came to be dismissed on the ground that the aforesaid appeal was not maintainable. The petitioner had filed an appeal against the order of the Judicial Magistrate, First Class acquitting the respondent to the appeal. Obviously, such an appeal at the behest of the petitioner was not maintainable under Section 378(1) of the Code of Criminal Procedure. We have perused the order of the Assistant Sessions Judge and we do not find any error in the order of the Assistant Sessions Judge dismissing the appeal filed by the petitioner. 3. This petition being sans merit is, therefore, summarily dismissed with no order as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) (vvr/520.10criwp)