STATE OF MAHARASHTRA Vs. DHARMENDRA AMBAR MOHITE

JUDGEMENT

(1.) HEARD Smt. Geeta Deshpande, Additional Public Prosecutor, for the appellant--State, and Mr. R. M. Deshmukh, Counsel for the respondent.

(2.) THE State wants to file appeal against acquittal recorded by Judicial Magistrate (F. C.), Court No. 4, Dhule, in Summary Trial Criminal Case No. 2440/1992. The State has prayed that the leave be granted to file appeal as per provisions of sub-section (3) of section 378 of the Code of Criminal Procedure, 1973. So, at this stage, it is being considered, whether leave can be granted to file the criminal appeal.

(3.) THE respondent was prosecuted for offence punishable under section 145 (1) of the Bombay Police Act, 1951, alleging that the respondent had given false information while securing the service as Constable under State Reserve Police. It is alleged that a crime was registered against the respondent, being Crime No. 118/88, for offence punishable under sections 326, 504, both read with section 34 of Indian Penal Code, at City Police Station, Dhule. But the respondent did not give this information while applying for the service when he was bound to give that information.