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Bombay High CourtAPPLN/1447/2016leave to appeal grantedrefused

Baliram S/O. Ramchandra Patil v. Ashok S/O. Pundalik Patil

2017-03-29Hon'Ble Shri Justice V.L. Achliya2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1447 OF 2016 BALIRAM S/O. RAMCHANDRA PATIL

VERSUS

ASHOK S/O. PUNDALIK PATIL ...

Advocate for Applicants : Waramaa B.R.

...

CORAM : V.L.ACHLIYA,J.

DATE : 29/03/2017 PER COURT :- Heard learned counsel for the applicant and perused the impugned order as well as the record and proceedings of the trial Court.

2] It appears that after the order of issue process passed by the trial Court, the applicant has taken steps to serve the respondent through process of Court as well as by RPAD. Notice sent to the accused returned unserved. For want of taking steps to serve the respondent, the complaint came to be dismissed and accused have been acquitted.

3] Upon considering the submissions, I am of the view that case is made out to entertain the appeal. I am therefore inclined to allow

-2the application seeking leave to file appeal. 4] Application is allowed in terms of prayer clause "A". Appeal be registered and place for admission on 5/4/2017. (V.L.ACHLIYA,J.) umg/