Dr. Jagdish Sharma v. Leelavati Balkrishna And ORS

9-alp-19-17 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.19 OF 2017 Dr. Jagdish Sharma vs. Mrs. Leelavati Balkrishnan and ors. Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Waquar Ahmed for the Applicant.

Mr. V.V.Gangurde,APP for the Respondent-State. Mr.Vinod Sharma for respondent Nos. 1 to 3.

CORAM : A.S.GADKARI, J.

DATE : 18th April, 2018 P.C.

1.

The present appeal is directed against the impugned Order dated 30.6.2014 passed by the Metropolitan Magistrate Magistrate, Railway Mobile Court, Andheri, Mumbai thereby discharging the respondent Nos. 1 to 3 in CC No.121/S//2000.

2.

The learned counsel for the said respondents raised a preliminary objection and submitted that the appeal as filed by the applicant under Section 378(4) is not maintainable as there is alternate efficacious remedy at the disposal of the applicant.

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9-alp-19-17 3.

Facing with the said difficulty the learned counsel for the applicant seeks leave to withdraw the application with liberty to file a substantive writ petition /revision application before this Court.

4.

Leave and liberty granted.

5.

Disposed off as withdrawn with the aforesaid liberty. (A.S.GADKARI, J.) Page-2/2