1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appeal No. 655 of 2010 (Mohd. Parvez Ahmad Mohd. Samad Vs. Tejrao Jairam Ingle and others) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N.R. Rode, A.P.P. for the State/respondent no.3 CORAM : M. N. GILANI, J. DATE : 20 th JULY, 2011. None for the appellant. Heard. Appeal filed by the State, being Criminal Appeal No. 23/2001, is admitted by this Court for hearing. In that light of the matter, the appeal presented by the appellant in the capacity of ‘victim’ as defined under Section 2(wa) of the Code of Criminal Procedure does not survive. In Bhikhabhai Motibhai Chavda Vs. State of Gujarat and others, reported in 2010 CRI. L. J. 3325, the Division Bench of the Gujarat High Court held that, ‘if the State has not preferred appeal against the order of acquittal or if the leave is not granted and the appeal of the State is not entertained, the victim may claim right of preferring the appeal in absolute but such right of preferring the appeal may not be available if the appeal of the State is already admitted and the 2 leave has been granted against the order of acquittal of the State. In any case, even if it is read for the sake of consideration that the victim has absolute right to prefer appeal then also the judicial discretion would demand that when the State has already preferred appeal against the order of acquittal and the leave has been granted by this Court and the appeal has been admitted against the order of acquittal, preferred by the State, it would not be a case to entertain another appeal of the victim by this Court and the only observation deserves to be made is to enable the victim to assist the Public Prosecutor as per the provision of Section 24(8) Cr.P.C., at the time of final hearing of the appeal and/or by making the submission before the Court with the P.P. against the order of acquittal’. In view of the above, the present appeal becomes infructuous. The appeal is disposed of as infructuous. JUDGE *sdw