Kairoos Minoo Bhaya v. Chintan H. Kanakia And ANR

694-15-apl=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 694 OF 2015 Kairoos Minoo Bhaya .. Applicant v/s.

Mr. Chintan H. Kanakia & Anr.

..Resp ondents Mr. Sunil Dilima i/b Britan Dlima for the applicant Mr. A.H. Ponda i/b Manoj S. Mhambrey for the respondent no.1 Mr. J.H. Ramugade, APP for respondent State CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 20th NOVEMBER, 2015.

P.C.

1.

At the outset, it may be mentioned that Shri. Ponda, the learned Counsel representing the respondent no.1 has pressed the issue of maintainability of the application on the ground that the order is revisable before the Sessions Court and in view of the efficacious alternative remedy, the application under Section 482 of the Cr.P.C. should not be entertained.

2.

The learned Counsel for the applicant, under instructions, seeks leave to withdraw the application with liberty to file the Uday S. Jagtap

694-15-apl=.doc Revision Application before the Sessions Court along with the application for condonation of delay. Leave with liberty is granted.

3.

The Criminal Application is dismissed as withdrawn. (ANUJA PRABHUDESSAI, J.) Uday S. Jagtap