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Bombay High CourtAPPLN/334/2015others disposed off

Ajit Laxmandas Mata v. The State Of Maharashtra And ANR

2015-07-22Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

APPLN. 334.15.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 334 OF 2015 Ajit Laxmandas Mata.

... Applicant.

V/s.

The State of Maharashtra and Anr.

... Respondents.

Mr. Bhushan Deshmukh h/f. Mr. U.P. Warunjikar for the Applicant.

Mr. H.J. Dedhia, APP for the State.

CORAM : B.P. DHARMADHIKARI & A.S. GADKARI, JJ.

JULY 22, 2015.

P.C. :- Heard Mr. Bhushan Deshmukh holding for Advocate Mr. Warunjikar for the Applicant. Learned APP for Respondent No.1.

2.

Learned APP pointed out that an Appeal should have been filed before Sessions Court.

3.

Mr. Deshmukh does not dispute this. He however points out that matter has been presented to this Court in May 2015 and at that juncture there was delay of about 7 days. He, therefore, submits that this Court should condone the

APPLN. 334.15.sxw delay and thereafter should refer the matter to the Sessions Court.

4.

It is apparent that this Court cannot entertain the Appeal and condone the delay. Hence, liberty to the Applicant/Appellant to present the proceedings to the competent authority. We dispose of present proceedings. No costs.

(A.S. GADKARI, J.) (B.P. DHARMADHIKARI, J.)