Bombay High Court

THE STATE OF MAHARASHTRAversusDASHRATH PRABHAKAR MORE AND OTHERS

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The leave‑to‑appeal application does not survive once the appeal against acquittal has been admitted and is therefore dismissed.

Summary

The State of Maharashtra filed an appeal against the acquittal of Dashrath Prabhakar More and another under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant sought permission to file a separate leave‑to‑appeal application. The court noted that the appeal against acquittal had already been admitted, and the accused’s appeal against conviction was also admitted. Consequently, the court held that the leave‑to‑appeal application could not proceed. The application for permission to file a leave appeal was therefore disposed of.

Issues considered

Whether a leave‑to‑appeal application is maintainable when the appeal against acquittal has already been admitted

Legislation cited

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)

Subjects

appeal against acquittal
leave to appeal
SC/ST Act
procedural order
admission of appeal

Judgment

                                                                924.APEAL.398.2025



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                        CRIMINAL APPEAL NO. 398 OF 2025

The State of Maharashtra                              ...Appellant

         Versus

Dashrath Prabhakar More And Another         ...Respondents
                                 WITH
                  CRIMINAL APPEAL NO. 33 OF 2025
                                 WITH
       APPLN. FOR LEAVE TO APPEAL BY STATE NO. 82 OF 2025
                                  ***
Mr. V. K. Kotecha, APP for the Appellant.
Mr. Amit A. Mukhedkar, Advocate for Respondent No.2.
Mr. P. V. Gole h/f Mr. V. D. Gunale, Advocate for the Appellant in
Criminal Appeal No.33 of 2025.
                                  ***

                                       CORAM : RAJNISH R. VYAS, J.
                                       DATE : JANUARY 28, 2026
PER COURT :

1.                  At the outset, learned APP submits that he be permitted to

state that the appeal against acquittal is filed under Section 14 (A) of

the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989.


2.                 Permission is granted.


3.                 Necessary amendment be carried out within a period of

one week from today.

Shrikant Malani                                                        Page 1 of 2
                                                                924.APEAL.398.2025




4.                This is an appeal against the acquittal preferred by the

State. The appeal is against conviction preferred by the accused is

already admitted.


5.                In that view of the matter, “Admit.”


6.                To be tagged along with Appeal No.33 of 2025.


7.                In view of admission of appeal, the application for grant of

permission to file leave to appeal does not survive and accordingly

disposed of.




                                                  ( RAJNISH R. VYAS, J. )




Shrikant Malani                                                        Page 2 of 2

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