Smt. Dhanalaxmi D/O Shreeram Yadav v. Rajayshankara Rajbali Yadav And ORS

13-APPLN-574-2015.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 574 of 2015 (For Leave to Appeal) Smt. Dhanalaxmi d/o Shreeram Yadav ..Appellant. (Applicant) V/s Rajayshankar Rajbali Yadav & ors ..Respondents.

Mr Akshay Patkar, Advocate for Appellant/Applicant. Mr A.R. Patil, APP for the State.

CORAM : A.R.JOSHI,J DATE : 27th October, 2015.

P.C. :

Heard learned counsel for the appellant/applicant. This is the second appeal preferred by the appellant. Initially, the complaint lodged against the respondent nos. 1 to 3 for taking action against them under section 498-A of IPC was dealt with by JMFC, Thane. Said criminal case ended in acquittal of the respondents nos. 1 to 3. Said acquittal was challenged by the present appellant/applicant by filing a criminal appeal No. 101/2009 before the learned Additional Sessions Judge, Thane. Said appeal was dismissed on 5th June, 2015. This is the order of the appellate Court which is challenged in the present appeal. 1/2

13-APPLN-574-2015.doc Present matter cannot be entertained as an appeal. This position is conceded by the learned counsel for the appellant and he pressed to withdraw the same with liberty to file appropriate proceeding challenging the order of the learned Additional Sessions Judge in Appeal No. 101 of 2009. Hence, the Criminal Application No. 574 of 2015 is allowed to be withdrawn and accordingly disposed of. The applicant is at liberty to take appropriate course of action as available under the law. (A.R. JOSHI, J.) 2/2