STATE OF MAHARASHTRA Vs. HANMANT PRABHAKAR WAIDANDE

JUDGEMENT

(1.) This is an Application for leave to prefer an Appeal under section 378 of the Code of Criminal Procedure, 1973 against the order dated 12th April 2005 passed by the learned Judicial Magistrate First Class, Pandharpur. By the said order, the Respondents have been acquitted of offences under section 324, 323, 504 and 506 of the Indian Penal Code. This Application has been filed on 2nd August 2006.

(2.) Section 378 of the Code of Criminal Procedure, 1973 has been amended by the Code of Criminal Procedure (Amendment) Act, 2005 (hereinafter referred to as the Amendment Act). Sub section 2 of section 1 of the Amendment Act provides that the same shall come into force on such date as the Central Government may, by notification in official gazette, appoint. A notification dated 21st June 2006 has been published by the Central Government in the gazette of the same date by which the provisions of the Amendment Act except few sections named therein have been brought into force. By the said notification, 23rd June 2006 is the date fixed for bringing into force the Amendment Act.

(3.) Sub section 1 of section 378 of the said Code has been substituted by section 32 of the Amendment Act. The amended sub section 1 of section 378 reads thus: