SSM 1 13.revn.515.10.doc IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 515 OF 2010 Ramesh Tukaram Kokate ....Applicant Versus The State of Maharashtra and others ....Respondents ____________ Shri. H. S. Venegaonkar for Applicant. Shri. Y. M. Nakhwa, APP for State. CORAM: A. R. JOSHI, J. DATED : 7 TH APRIL, 2011. P.C.: In furtherance of the earlier order passed by this bench dated 10 th March, 2011, today, the mater is further heard on the law point as to in view of provisions of Section 372 of the Code of Criminal Procedure, if an Appeal is allowed to be presented by the victim /original complainant against the acquittal of the Accused before which forum such Appeal would lie. On this aspect, it is agreed by both the parties that in view of provisions of Section 378 (1)(a) such Appeal against the acquittal shall lie before the Sessions Court when the acquittal is passed by Magistrate in SSM 2 13.revn.515.10.doc respect of cognizable and non-bailable offence. Section 506 of Indian Penal Code is in respect of cognizance and as such this legal position is accepted by learned Counsel for the present Revision Applicant. He prayed for withdrawal of the present Application to prefer appropriate Appeal before the concerned Sessions Court. Prayer is accepted and Application allowed to be withdrawn with liberty as prayed. While dealing with the matter in Appeal by the learned concerned Sessions Judge, he shall deal with the same considering that the time is consumed by the present Applicant preferring the present Revision Application before the High Court. Accordingly, the present Revision Application is disposed off. (A. R. JOSHI J.)