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2006 Supreme(Bom) 1262

A.S.OKA
State of Maharashtra – Appellant
Versus
Mustaq Ismail Memon – Respondent


Advocates appeared
Mr. RAJESH MORE, A.P.P. for State.
None for the Respondents.

JUDGMENT :- Heard learned A.P.P. for State. The Respondents-accused were tried for offences punishable under sections 498-A, 323, 504 read with section 34 of the Indian Penal Code. By the impugned Judgment and Order the Respondents-accused persons have been acquitted.

2. When this Appeal from acquittal came up for final hearing on 29th October, 2004, this Court issued notice to the complainant. In order dated 15th December, 2005 the learned Judge of this Court noted that the learned A.P.P. was not in a position to explain as to why the order of issuing notice to the complainant was passed on 29th October, 2004. Therefore, on the same date this court passed an order directing that the Appeal should be placed before the learned Single Judge (V.M. Kanade, J.) who had passed the order dated 29th October, 2004. On 6th February, 2006 this Appeal came up before the Court (V. M. Kanade, J.). In the order passed on that (day) this Court noted that notice was issued in order to see whether any compensation can be paid to the original complainant. In the said order this Court recorded the statement made by the learned A.P.P. for State that out of five accused persons, four accused have alread

















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