STATE OF MAHARASHTRA versus SHANKAR GANAPATI RAHATOL & ORS.

STATE OF MAHARASHTRA versus SHANKAR GANAPATI RAHATOL & ORS.

Rejection of leave to appeal under s.378(3) CrPC by the High Court was contrary to evidence on record, particularly medical evidence supporting complainant's injury; existence of cross-complaint relating to the same incident and pending appeal reinforces need for leave. Matter remitted to High Court for fresh consideration of appeal and revision on merits.

Parties
Appellant: State of Maharashtra; Respondents: Shankar Ganapati Rahatol & Ors.
Jurisdiction
India
Judgment Date
31 January 2019
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against Order Declining Leave to Appeal and Revision Rejection by High Court
Outcome
Appeals allowed; High Court's orders set aside; matters remitted for fresh consideration.
Legal Topics
Appeals Against Acquittal, Code of Criminal Procedure S.378(3), Indian Penal Code Ss.143, 147, 323, 325, 149, Bombay Police Act S.135
Criminal Law Appeals Against Acquittal Code of Criminal Procedure S.378(3) Indian Penal Code Ss.143, 147, 323, 325, 149 Bombay Police Act S.135

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Parties

State of Maharashtra

Appellant

Shankar Ganapati Rahatol & Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against Order Declining Leave to Appeal and Revision Rejection by High Court

Legal Issues

  1. 1 Whether High Court erred in rejecting application for leave to appeal under s.378(3) CrPC.
  2. 2 Whether rejection of criminal revision by complainant was justified.

Ratio Decidendi

Rejection of leave to appeal under s.378(3) CrPC by the High Court was contrary to evidence on record, particularly medical evidence supporting complainant's injury; existence of cross-complaint relating to the same incident and pending appeal reinforces need for leave. Matter remitted to High Court for fresh consideration of appeal and revision on merits.

Court Disposition

Appeals allowed; High Court's orders set aside; matters remitted for fresh consideration.

Orders

  • Impugned order dated 13.06.2008 rejecting leave to appeal by High Court set aside.
  • Application for leave to appeal under s.378(3) CrPC by State allowed; criminal appeal challenging acquittal to be taken on file.