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Bombay High CourtAPPR/248/2014others disposed off

Lakshmmi Sayeed v. The State Of Maharashtra And ORS.

2015-04-15Hon'Ble Shri Justice A.P. Bhangale2 pages

ash Cri.Appln. 248-14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.248 OF 2014 IN CRIMINAL REVISION NO.349 OF 2013 Mrs. Laxmi Sayed vs.State of Maharashtra and ors. Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. Arjon Prabho for the Petitioner.

Mr. J.P. Yagnik, APP for the State.

- CORAM :

A.P.BHANGALE, J.

DATED : 15 April 2015.

P.C.:

By this application the grievance is made with respect of order dated 17 January 2014 passed by this court in Criminal Revisional Application No.349 of 2013 whereby this court had while granting adjournment directed the revision applicant to furnish spare copies and made an conditional order upon failure to furnish spare copies revision shall stand dismissed for non prosecution. Learned Advocate for the applicant is ready and willing to comply with these directions. In my opinion, the revision application needs to be heard after calling R & P. It appears that reasoned oral order dated 17 May 2013 passed by the Ad-hoc Additional Sessions Judge, Greater Mumbai in Criminal Revision Application

ash Cri.Appln. 248-14 No.861/2012 was under challenge whereby the order issuing process against the applicants (original accused) stood set aide and complaint was dismissed under Section 203 of the Cri. P.C. Under these circumstances, in order to examine the legality, proprietary and correctness of the said order Criminal Revision Application No.349 of 2013 needs to be restored. It is accordingly restored. Call for Record and proceedings from Ad-hoc Additional Sessions Court in respect of Criminal Revision Proceeding No.261 of 2012 which was preferred against the issuance of process under Section 499, 500 of I.P.C. If record and proceeding is received, the revision be listed for final hearing. Notice to respondents accordingly.

(A.P. BHANGALE, J)