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Maruti Hirappa Atwadkar v. The State Of Maharashtra And ANR

2018-11-19Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 48-APPP-661-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.661 OF 2015 IN CRIMINAL APPLICATION NO.83 OF 2013 Maruti Hirappa Atwadkar ..Applicant vs.

The State of Maharashtra & Anr.

...Respondents

---- None for the Applicant.

Mr. K. V. Saste, APP for the Respondents.

---- CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE : 19/11/2018.

P.C.:

.

Nobody appears for applicant (original complainant) even on second call. APP is present for respondent No.1. 2.

Record shows that applicant filed Criminal Appeal seeking leave to challenge acquittal. As the application under section 378 (4) was delayed, Criminal application No.83/2018 was moved for condoning delay of 44 days.

3.

This application was dismissed for want of prosecution on 30/6/2014. The order dated 23/6/2014 and 21/4/2014 shows that even on those dates nobody has appeared for the applicant. 4.

Thereafter present proceedings are filed for restoration of dismissed matter. Even in present matter there was no appearance on

rsk 2/2 48-APPP-661-15.doc 13/8/2018.

5.

In the situation, we dismiss the application for want of prosecution.

(SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.)