Prabhu Govind Patil v. The State Of Maharashtra And ANR

Bhagyawant 18 apl 258-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 258 OF 2019 Prabhu Govind Patil ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. K.B. Rajput for applicant.

Mrs. Rutuja Ambekar, APP for Respondent/State. CORAM :

S. S. SHINDE, J DATE :

1st July 2019 P.C.

1.

These applications are filed taking exception to the order of acquittal dated 28.01.2016 recorded by Ld. JMFC, Ambernath, Thane in connection with Summary Criminal Case No. 5259 of 2016. Since these applications are filed taking an exception to the order of acquittal, on specific query to the learned counsel appearing for applicants that whether, applicants have alternate remedy for redressal of grievance, learned counsel submits that there is no any alternate remedy available. This Court finds it difficult to entertain these applications directly against the order of acquittal of Respondent No. 2 under Section 482 of Criminal Procedure Code, however, in the light of the statement of learned counsel for applicant that, there is no alternate remedy available, hence issue notice to respondents returnable on 5th August 2019.

Bhagyawant 18 apl 258-19.doc 2.

In addition to service of notice through Court, the applicant shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery on the Respondents and shall file affidavit of service before the returnable date.

3.

The learned APP Mrs. Rutuja Ambekar waives service of notice on behalf of Respondent No. 1 4.

The learned counsel for the applicant to remove office objections, if any, on or before the next date. If the office objections are not removed, the application shall stand dismissed without further reference to the Court. [S.S. SHINDE, J.]