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2025 DAILYLAW 77065 (BOM)

MARUTI CHINNAPPA LAKDE AND ANR. v. THE STATE OF MAHARASHTRA

ALP/183/2018 · 2025-10-16

Gauri Godse

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22-ALP-183-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 183 OF 2018 Maruti Kolhapuri Lakde and Another ….Applicants vs. The State of Maharashtra and Others … Respondents Mr. Kishor Walanju for the Applicants.-Appointed -HCLSC. Ms. Shilpa G. Talhar, APP for the State. CORAM : GAURI GODSE, J. DATED : 16th OCTOBER 2025 ORDER: 1. This application is filed under Section 378(4) of Criminal Procedure Code by the original complainant (victim) to challenge the order passed by the learned trial court acquitting respondent nos. 1 to 3 and 5 to 15 for the offences punishable under Sections 395, 143, 147, 148, 326, 452, 427, 323 read with Section 149 of the Indian Penal Code alternatively under Sections 326, 452, 427, 323 read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicants submits that in view of the legal principles settled by the Hon’ble Apex Court in the 1/3 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.10.27 23:54:17 +0200 22-ALP-183-2018.doc case of M/s. Celestium Financial Vs. A Gnanasekaran1 the applicants would fall under the definition of the word ‘victim’. Hence, the applicants would be entitled to file an appeal in view of the proviso to Section 372 of the Cr. PC. 3. Hence, leave granted. 4. Appeal is admitted. 5. Call for record and proceedings 6. For compliance under Section 390 of the Criminal Procedure Code, the trial court shall issue notice to respondent nos. 2, 3 and respondent nos. 6 to 16 calling upon them to appear before the trial court on a particular date. Accordingly, they (accused persons) shall appear before the trial court on the given date and the trial court shall enlarge them on bail on the same day on appropriate terms and conditions. One of the conditions shall be for securing the presence of the accused before this court as and when called. 7. In case the accused persons fail to remain present before the trial court, the trial court shall submit a report to this court. 1 2025 SCC OnLine SC 1320 2/3 22-ALP-183-2018.doc 8. List the appeal on 12th January 2026 for recording compliance and further directions. (GAURI GODSE, J.) 3/3