Lingappa Kalappa Patil v. Dashrath Dattatraya Shelar And ORS

Tilak 1/2 (904)APEAL-1048-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1048 of 2015 Lingappa Kalappa Patil .. Appellant

Versus

Dashrath Dattatraya Shelar & ors .. Respondents --- Mr.Ajit M. Savgave i/b Mr.C.G.Patil, Advocate for the appellant. Mr.A.R.Patil, APP for the Respondent State.

--- CORAM : ABHAY M. THIPSAY, J.

DATED : 29th JANUARY, 2016 --- P.C. :

The Appeal has been filed without seeking Special leave to Appeal, as contemplated under section 378 of the Code of Criminal Procedure. Even then, an opportunity was granted to the appellant to make an application for leave to Appeal, and this was expressed in the order dated 8th January 2016. Till today, no such application has been made. Since the Appeal is not maintainable, the same is dismissed.

It is clarified that this order shall not preclude the appellant from making an application for leave to file an Appeal. It is needless to say in the event of the leave being granted, the applicant shall be permitted to file an Appeal. This Appeal is dismissed only because it has been filed without obtaining leave. (ABHAY M.THIPSAY, J)

Tilak 2/2 (904)APEAL-1048-15 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.