STATE Vs. BATA INDIA LTD.

JUDGEMENT

(1.) By this composite application for leave to appeal under Section 378(4) of Code of Criminal Procedure, 1973 (for short "Cr.P.C.") and appeal under Section 378(1)(b) of Cr.P.C., the State thorough the Inspector of Legal Metrology Margao, Goa, seeks quashing of impugned judgment and order dated 25.1.2016 passed by the learned Chief Judicial Magistrate by which the accused nos.1 and 2 came to be acquitted.

(2.) At the outset, the learned Counsel appearing for the respondent no.1 raised an issue of very maintainability of this application under Section 378(4) of Cr.P.C.

(3.) The learned Public Prosecutor, however contended that the appeal is maintainable under Section 378(4) of Cr.P.C.