dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE CRIMINAL JURISDICTION SIDE CRIMINAL JURISDICTION SIDE CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.84 OF 2009 APPLICATION NO.84 OF 2009 APPLICATION NO.84 OF 2009 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. APPEAL NO. APPEAL NO. OF OF OF 2008 2008 2008 The State of Maharashtra Petitioner (orig. complainant) Vs. Sundatta Chaugonda Patil & 3 ors. Respondents Mr.P.S.Hingorani, APP for the State. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATED DATED DATED : 14th January, 2009. : 14th January, 2009. : 14th January, 2009. P.C. P.C. P.C. This is an application by the State for leave to file Appeal against the order passed in an Appeal by the learned Sessions Judge. 2. The brief facts are as under: . The respondents were tried for an offence punishable under Section 326 by the Magistrate, who acquitted them. Thereafter the State filed an Appeal before the learned Additional Sessions Judge, Jaysingpur, which was dismissed and the order of acquittal recorded by the Magistrate was confirmed. 3. Now this application has been filed, according to ( 2 ) the learned Public Prosecutor, under Section 378(b) of the Code of Criminal Procedure. Section 378(a), as amended, lays down that against an order of acquittal passed by a Magistrate, the Public Prosecutor can file an appeal on the directions of the District Magistrate. Sub-section 378(1)(b) lays down that Public Prosecutor shall fine an appeal to the High Court from an original or appellate court or appeal from an order of an acquittal passed by; any court other than High Court. But there is an exception to this right of Public Prosecutor to file an appeal and that exception is that an appeal cannot be filed against an order of acquittal passed under Section 378(1)(a) which means that if a Magistrate acquits a person and State chooses to file an appeal before the Sessions Judge and looses the appeal, there cannot be any second appeal to the High Court. 4. In view of above, this application seeking leave to appeal is not maintainable and accordingly refused. The application is dismissed accordingly. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)