Dr. Sanjeev W. Kamble v. Dinesh Agarwal

12.alp.31-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [ALP] NO.31 OF 2015 Dr. Sanjeev W. Kamble ..Applicant

Versus

The State of Maharashtra & Ors.

..Respondents ....

None for the Applicant.

Ms. Anita Bhaktwani, Advocate for respondent No.3. Mr. Mohd. Umar Kazi, Advocate for respondent No.1. Mr. Ganesh Sovani, Advocate for respondent No.2. Mr. A.R. Patil, APP, for the State.

....

CORAM : A. R. JOSHI, J.

DATE : 21st OCTOBER, 2015 P.C.

1.

None present for the applicant. Earlier detailed order was passed by this Court on 15.10.2015 mentioning that the present application for leave to file appeal is not maintainable under Section 378(4) of Cr.P.C.. In the said order it was also specifically mentioned that what is challenged in the present matter is the discharge of the respondent from the complaint and said discharge order was under Section 245(1) of Cr.P.C. and it was not an order of acquittal. When this legal position was made aware to the Advocate Sachin Deokar appearing on 1 / 2

12.alp.31-15.doc behalf of the applicant, he prayed for time as Counsel Mr. A.S. Rao was absent. The matter was then posted to todays date as a last chance. Today, none present for the applicant. Even the applicant is absent today. As such, in view of the legal position mentioned in earlier order, nothing remains in the present application and the same is accordingly dismissed and disposed of.

( A. R. JOSHI, J.) Deshmane (PS) 2 / 2