1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 372 OF 2010 _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Mr. S.J. Salunke, Advocate for the appellant. Mr. S.G. Nandedkar, A.P.P. for respondent. Date : 29th November, 2010 1 Heard. 2. This appeal against the acquittal is not maintainable before this Court in view of the proviso added to Section 372 of the Criminal Procedure Code. The proviso does not make any distinction in which kind of offence appeal is preferred by the individual, victim. So this provision does not have any connection to the provisions of Section 378 of the Criminal Procedure Code, which imposes restrictions to the choice of the District Magistrate while presenting the appeal against the order of acquittal passed by the Magistrate. 3. The appeal stands dismissed as not maintainable. A liberty is granted to the appellant to file fresh appeal before 2 the Court of Sessions subject to limitation etc. [A.V. NIRGUDE, J.] gas/cria372.10