Bhagyalaksmi Trading Company v. Kallappa Ganpati Kulgude And ORS

24.ALPNo.312014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE APPLICATION FOR LEAVE TO APPEAL (PVT) NO.31 OF 2014 Bhagyalaksmi Trading Company ...

Applicant V/s.

Shri.Kallappa Ganpati Kulgude & Ors.

...

Respondents .....

Mr.Wasim Samlewale with Mr.Vionod Sangvikar i/b. Umesh Mankapure, Advocate for the Applicant.

Mrs.S.V.Gajare, APP for the Respondent/State. ....

CORAM :

ABHAY M. THIPSAY J.

DATED :

3RD FEBRUARY, 2015 P.C.

1.

Heard.

2.

By this application, leave is being sought to file appeal from the order dated 3rd December, 2013 passed by the Chief Judicial Magistrate, Sangli.

3.

However, the order sought to be appealed against is an order of 'discharge' under Section 249 of the Code of Criminal Procedure(and not of 'acquittal'). No appeal has been provided from such order of discharge.

Gaikwad RD 1/2

24.ALPNo.312014 3.

Therefore, the question of granting leave to appeal does not arise. The application is not maintainable. The same is dismissed.

4.

The applicant may avail of any of the other legal remedies, as would be available to him, against the impugned order.

(ABHAY M. THIPSAY J.) Gaikwad RD 2/2