DILIP SHANKAR BURTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Kumbhkoni, learned Senior Counsel appearing on behalf of the Applicant. It is submitted that the Applicant has filed the criminal application challenging the findings / observations made by the learned trial Court against him, and prayed to quash, expunge the said findings. It is submitted that Section 341 confers power of filing an appeal against the order of initiation of proceedings for the offence of fabrication of evidence and giving false evidence, which is made punishable under Section 193 I.P.C. It is submitted that, therefore, liberty may be granted to the Applicant to convert the criminal application into criminal appeal. It is submitted that since the impugned order is passed by the Sessions Court, Pune; it being a Court subordinate to the High Court, Bombay, appeal will lie to this Court.

(2.) We, therefore, permit the applicant to convert the criminal application into criminal appeal. Amendment to be carried out during the course of the day.

(3.) Heard. Admit. By consent of parties, appeal is taken up for final hearing and disposal.