1 Appa : 645/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.645 OF 2010 IN CRIMINAL APPLICATION NO.2564 OF 2010 The State of Maharashtra …. Applicant Vs. Mohd. Ramzan Haji & Ors. .... Respondents Mrs. M.M. Deshmukh, APP for State. CORAM : Smt. R.P. SondurBaldota, J. Date : 14th December, 2010 P.C.:- 1. This application is filed by the State for recalling the order dated 15th November 2010 passed by this Court in Criminal Application No.2564 of 2010. The order is sought to be recalled on the ground that the order passed is non-est. The application is by the State for appeals against acquittal in view of Rule 2(II)(a), Chapter I of The Bombay High Court Appellate Side Rules, 1960. 2. The above criminal application has been filed by the State for leave to appeal against the order of acquittal of original accused no.4 dated 15th January 2010 passed by the Additional Sessions Judge, Sewri, Mumbai in Sessions Case No.719 of 2 Appa : 645/2010 2006. On 15th November 2010, when the application was called out for admission, the learned APP made a statement before the court that the appeal filed by original accused no.1 to 3 challenging their conviction by the same judgment had already been admitted. Therefore leave to file an appeal was granted, the appeal admitted and directed to be heard along with Criminal Appeals No.110 of 2010, 152 of 2010 and 179 of 2010. 3. It appears that thereafter it was realised by the learned APP that the matter actually pertains to the Division Bench as the offences alleged against the respondents are punishable with the sentence of imprisonment for life. Apparently the office also overlooked this aspect and placed the matter before the Single Judge instead of Division Bench. Rule 1 of the Appellate Side Rules, 1960 provides that the Civil and Criminal jurisdiction of the Court on the Appellate Side shall, except in cases where it is otherwise provided for by the rules, be exercised by Division Bench consisting of two or more judges. Rule 2 provides for the matters that may be disposed off by single Judge. As per 2(iv) (e), applications for leave to appeal under Section 378(4) of Code of Criminal Procedure, against the acquittals wherein the offence with which the accused was charged is one punishable on conviction with sentence of fine only or with a sentence of imprisonment not exceeding ten 3 Appa : 645/2010 years or with such imprisonment and fine are alone to be heard by single Judge. In view of the provisions, the application could not have been dealt with by the Single Judge. Otherwise it would amount usurpation of the powers of the Division Bench. Therefore, the order dated 15th November 2010 is no order in the eye of law. It is required to be recalled. The order is accordingly recalled. Office is directed to place the application before the appropriate Bench for admission. ( Smt.R.P. SondurBaldota, J.)