IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2233 OF 2007 Pimpri Chinchwad Municipal Corporation .. Applicant Versus Shyam Dilomal Jaswani & Anr. .. Respondents Mr.Ameet Palkar i/by Mr.D.R.More for the applicant. Mr.D.Brijesh i/by M/s.Khandeparkar & Associates for the respondent no.1. Mr.Y.S.Shinde, A.P.P for the respondent no.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th February 2009. : 17th February 2009. : 17th February 2009. P.C.: . This is an application filed under sub section 4 of section 378 of the Code of Criminal Procedure, 1973. The learned counsel appearing for the applicant has tendered on record a compilation of documents. Though by order dated 23rd January 2009 the applicant was directed to place on record a true copy of order passed below Exhibit 1, in the compilation, the said order is not included. 2. The order impugned has been passed on an application made by the 1st respondent for discharge. (2) By the order impugned dated 25th April 2007, the said application for discharge made by the applicant at Exhibit 12 has been allowed. Therefore, the impugned order is not of acquittal but is of discharge. Hence, the application under sub section 4 of section 378 of the Code of Criminal Procedure, 1973 is not maintainable and the same is rejected only on the ground that the same is not maintainable. This order will not preclude the applicant from filing appropriate proceedings for challenging the impugned judgment and order in accordance with law. (A.S.Oka,J)