PRANEETA PRAKASH NAVAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals have been preferred under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) which was introduced by the Act No.5 of 2009 with effect from 31 st December, 2009. A victim of an offence has been conferred a right to prefer an appeal against any order passed by the Court acquitting the accused, or convicting him for a lesser offence or imposing inadequate compensation. The two issues which arise for our consideration are :-

(2.) In Criminal Appeal No.218 of 2012, the appeal was admitted by this Court on 8 th February, 2012. The learned counsel appearing for the appellant, who has been appointed to espouse the cause of the appellant, submitted that action needs to be taken under Section 390 of the Cr.P.C. against the respondents. He pointed out that the 1 st respondent accused has been acquitted for the offence alleged under Section 302 of Indian Penal code.

(3.) Criminal Appeal No.1548 of 2011 was admitted on 1 st December, 2011. Criminal Application No.1129 of 2012 has been filed by the appellant praying for an action under Section 390 of Cr.P.C. against the 2 nd to 5 th respondents who are the accused. As far as Criminal Application No.1129 of 2012 is concerned, respondent Nos.2, 4 and 5 as well as respondent No.3 have filed separate undertakings on oath in which they have disclosed their present residential addresses and contact telephone numbers. In the undertakings, the said respondents have stated that, in case there is any change of the address, they will inform the new address to this Court. The respondent Nos.2 to 5 are represented by advocates. In the undertakings, they have stated that they will remain present in this Court at the time of hearing of the appeal.