GEETA BAPURAO KAPSE Vs. ANIL VITHALRAO KADU

JUDGEMENT

(1.) HEARD finally by consent of the parties.

(2.) THE applicant was original complainant in Criminal (Summary) Complaint Case No.232 of 2009 decided by Judicial Magistrate First Class, Wardha. Nonapplicant Anil Kadu was original accused No.2. Nonapplicant and original accused No.1 Sanjay Varbhe were convicted by the learned Magistrate by his judgment and order dated 12th October, 2011. The said judgment and order was challenged by the nonapplicant and original accused No.1 before the Sessions Court by filing two independent appeals. The non applicant was appellant in Criminal Appeal No. 104 of 2011 and the original accused No.1 was appellant in Criminal Appeal No. 106 of 2011. Both the appeals were heard together. The appeal of the original accused No.1 was dismissed and appeal of nonapplicant / original accused No.2 was allowed and the nonapplicant was directed to be acquitted.

(3.) THE question which needs determination is as to whether the words "such an order of acquittal" appearing in Section 378(4) of the Code of Criminal Procedure include the order of acquittal passed by the appellate Court in a case instituted upon a complaint.