IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1201 OF 2007 AND CRIMINAL APPLICATION NO.1200 OF 2007 Satesh H. Chandiramani .. Applicant Versus Sadashiv Namdeo Kharabi & Anr. .. Respondents Mr.V.V.Purwant for the applicant. Mr.P.A.Pol, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 10th February 2009. : 10th February 2009. : 10th February 2009. P.C.: . Heard the learned advocate for the applicant. A case is made out for grant of special leave to prefer an appeal. Leave is granted. Appeal is admitted. 2. At this stage, it must be noted that in all applications both under sub section 3 and sub section 4 of section 378 of the Code of Criminal Procedure, 1973 the Public Prosecutor, the advocates and parties have been filing an application for leave or special leave as the case may be, alongwith a separate memorandum of appeal. It will be necessary to refer to Rule 19 of Chapter XXVI of the Bombay High Court Appellate Side (2) Rules, 1960 which reads thus: "19. Procedure re-apeals against acquittals by private parties:- (i) Every application for leave under section 378(3) should be a composite application giving necessary facts and circumstances of the case alongwith the grounds which may be urged in the appeal with a prayer to entertain the appeal. The appellant shall file alongwith application two typed copies of the composite application and the Judgment or Judgments of the Court concerned. (ii) If the leave to appeal is granted, the composite application presented shall be entered in the register of appeals and numbered accordingly. The appellant shall forthwith supply the requisite Court-fee stamps prescribed for the appeal. The Sessions Court shall be required to prepare five paper-books." 3. On plain reading of the said rule, the requirement is that an application for leave shall be a composite application giving necessary facts and (3) circumstances of the case alongwith grounds which may be urged in the appeal with a prayer to entertain the appeal. The rule requires that typed copies of the judgment or judgments should be annexed to such application. The sub-rule 2 of Rule 19 provides that if leave to appeal is granted, the composite application shall be entered in the register of appeals and numbered as an appeal. Therefore, alongwith the applications under sub-section 3 and sub-section 4 of section 378 there is no requirement of filing a separate memorandum of appeal. Though the Rule 19 refers to leave under sub section (3) of section 378 of the said Code, from the title of the rule it is obvious that the said rule also applies to applications under sub section (4) of section 378 of the said Code. In such cases, a composite application as provided in the Rules has to be filed. The Registrar (Judicial I) will issue necessary directions to the registry. If a separate appeal compilation is filed it unnecessarily increases the paper work of the office. Hence, the same should be avoided. A copy of this order shall be forwarded to Registrar (Judicial) of the benches at Nagpur and Aurangabad. A copy of this order shall be also forwarded to the Secretary of the Advocates’ Association of Western India. (4) (A.S.Oka,J)