LSP 1 19 apeal 622.25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 622 of 2025 Bhaguji Ganpat Waghmode … Appellant V/s. The State of Maharashtra and others … Respondents. Mr. Sachin Deokar Advocate for the Appellant. Mr. B.V. Holambe-Patil APP for the State. CORAM : S.M. MODAK, J DATE : 24th June 2025. P.C. : Heard learned Advocate Deokar for the Appellant-victim. 2. Office has taken objection about maintainability of the Appeal. There is a judgment of acquittal by the Court of Judicial Magistrate First Class, Karmala dated 1st April 2025. The offences are under Section 143, 147, 148, 324, 323, 341, 504, 506 read with Section 149 of Indian Penal Code and under Section 135 of Maharashtra Police Act and under Section 4(25) of the Arms Act. This is on police complaint. 3. As per the proviso to Section 372 of Criminal Procedure Code, certainly victim can prefer an appeal against judgment of acquittal but it lies before the Court before whom appeal against conviction lies. Once the trial is by the Court of Judicial Magistrate First Class, LATA SUNIL PANJWANI Digitally signed by LATA SUNIL PANJWANI Date: 2025.06.26 18:29:05 +0530 LSP 2 19 apeal 622.25.doc appeal against conviction lies before Sessions Court. 4. Hence, this Appeal is not maintainable before this Court. It is disposed of. 5. Leave is granted to the Appellant to move before the concerned Sessions Court. He is at liberty to ask for condonation of delay, if there is a delay and it may be considered. 6. In fact such appeals should not be entertained by the office itself instead of pursuing it and placing before the Court. 7. In view of that, the learned Registrar (Judicial-1) is requested to issue certain Circular/Practice Note for the guidance of all stakeholders including staff. (S.M. MODAK, J.)