Mohd Ehtesham Gulam Rasul Shaikh v. Ashraf Mansoor Khan And ORS

29.APPANo.15342014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL APPLICATION NO.1534 OF 2014 IN CRIMINAL APPEAL (ST) NO.893 OF 2014 Mohd. Ehteshyam Gulam Rasul Shaikh ...

Applicant V/s.

Ashraf Mansoor Khan & Ors.

...

Respondents .....

Mr.Sandeep Maurya i/b. Kavita V., Advocate for the Applicant. Mr.Saurabh Singha h/f.Mr.Husen Shaikh, Advocate for the Respondent No.1.

Zindagi Shah, Advocate for the Respondent No.2. Mr.Shantanu Phanse, Advocate for the Respondent No.3. Mr.Deepak Thakre, APP for the Respondent/State. ....

CORAM :

ABHAY M. THIPSAY J.

DATED :

13TH MARCH 2015 P.C.

1.

This appeal has been filed in the capacity of the applicant/appellant as the victim and purportedly under the proviso to Section 372 of the Code.

2.

It has been held by this Court (Majority View)1 that such appeal by the victim does not require any leave and further no specific time limit has been prescribed for filing such an appeal. Criminal Appeal Nos.991,992,331 & 854 of 2011, decided on 22/06/2012. Gaikwad RD 1/2

29.APPANo.15342014 3.

As such, it is not necessary to pass a formal order condoning the delay.

4.

The application is disposed of with the aforesaid observations.

5.

The appeal be numbered and be placed on board on 19th March 2015 (High on Board).

(ABHAY M. THIPSAY J.) Gaikwad RD 2/2