State Bank Of India v. Akhilesh Pandey And ANR

spb/ 27apl940-12.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 940 OF 2012 State Bank of India ... Applicant.

V/s.

Mr. Akhilesh Pandey & Anr.

... Respondents.

--- None for the Applicant.

Mr. D. R. More, A.P.P. for the State.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 09th JUNE, 2015 P.C. :

Perused the impugned order. The impugned order reads as under :

"Order below Exh. 1: Complainant and advocate both are absent since long. No steps taken since last many dates. Matter is very old. Hence, the case is dismissed u/s. 256 Cr.P.C. for absence of the complainant and for want of prosecution. Accused acquitted. Case papers be filed."

Borey 1/2

spb/ 27apl940-12.sxw It is very clear that the impugned order is appealable. Therefore, the applicant should have filed an appeal and not the criminal application.

In any event, since none is present for the applicant, this criminal application stands dismissed for want of prosecution. (JUDGE) .....

Borey 2/2