Bombay High Court

KAUSHALBAI PANDURANG BHOR AND ORS.versusSUSHILA KACHARU CHUMBALE AND ORS.

Decided: 28 January 2026
Disposal: Disposed off as Withdrawn
Bench: GAURI GODSE

Holding

The application under Section 378(4) CrPC is not maintainable as the acquittal was not passed in a case initiated on complaint.

Summary

The original complainant filed an application under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal a magistrate's order acquitting the respondents of offences under Sections 465, 467, 468, 471, 420 read with Section 34 of the Indian Penal Code. The High Court held that the application was not maintainable because the acquittal order was not passed in a case that had been initiated on a complaint. The Court allowed the applicants to withdraw the application and granted them liberty to file an appeal under Section 372 before the Session Court, permitting them to seek condonation of delay if the appeal is filed within eight weeks. The application was consequently disposed of as withdrawn with liberty. The order clarifies procedural rights concerning appeals and delay condonation.

Issues considered

Is an application under Section 378(4) CrPC for leave to appeal maintainable when the magistrate's acquittal order is not in a case initiated on complaint?
Can the Court grant liberty to withdraw such an application and permit filing of an appeal under Section 372 with condonation of delay?

Legislation cited

Code of Criminal Procedure, 1973 — s. 372, 378(4)
Indian Penal Code, 1860 — s. 34, 420, 465, 467, 468, 471

Subjects

Criminal Procedure
Leave to Appeal
Acquittal
Section 378 CrPC
Section 372 CrPC
Condonation of Delay
Appeal to Session Court

Judgment

2026:BHC-AS:2620

                                                              902-ALP-395-2018.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
     Swapnil        APPLN FOR LEAVE TO APPEAL(PVT.) NO. 395 OF 2018

               Kaushalbai Pandurang Bhor
               And Ors.                               …    Applicants
                     Vs.
               Sushila Kacharu Chumbale
               And Ors.                               …    Respondents


               Mr. Shubham Jangam i/b. Mr. Girish R. Agrawal for the
               Applicants.
               Ms. Shilpa G. Talhar, AGP for the State/respondent.

                                         CORAM : GAURI GODSE, J.

                                         DATE :       28th JANUARY 2026

               ORDER :


               1.      This application is filed by the original complainant

               under Section 378(4) of Code of Criminal Procedure, 1973

               (“Cr.P.C.”) for seeking leave to file an appeal to challenge the

               order       passed   by   the   learned    Magistrate    acquitting

               respondent nos. 1 and 2 from the offence punishable under

               Section 465, 467, 468, 471, 420 read with 34 of the Indian

               Penal Code.


               2.      The order of acquittal is not passed in a case initiated


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                                              902-ALP-395-2018.docx


on complaint. Hence, this application is not maintainable.


3.    Learned counsel for the applicants, therefore, seeks

leave to withdraw this application with liberty to file an appeal

under Section 372 before the Session Court.


4.    Leave granted with liberty as prayed.


5.    It is clarified that if an appeal before the Session Court

is filed within eight weeks from today, the applicant would be

entitled to seek benefit of the period of the pendency of this

application for seeking condonation of delay.


6.    The application is disposed of as withdrawn with liberty

as recorded above.




                                           [GAURI GODSE, J.]




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