STATE OF MAHARASHTRA Vs. MANOJKUMAR ANIRUDDIN SHAHA

JUDGEMENT

(1.) By this appeal, the State of Maharashtra seeks to challenge the Judgment delivered by the learned Judicial Magistrate F.C.Sakri on 25/08/2003 in Reg.Cri.Case No.113/2002. The offence alleged to have been committed by the two accused, was punishable u/s 420, 467, 471 and 511 r/w Section 34 of the IPC. Both the respondents/ accused have been acquitted by the impugned judgment.

(2.) This appeal was preferred by the State of Maharashtra on 04/02/2004 u/s 378(1) of the Cr.P.C., as the provision then was. By Act 25 of 2005, an amendment was introduced to Section 378 w.e.f. 23/06/2006, vide which an order of acquittal passed by the learned Magistrate in respect of a cognizable and non bailable offence was made appealable to the Court of Sessions.

(3.) Prior to the amendment, Section 378(1) read as under :-