Vipul Jayantilal Bafna v. Ajay @ Vijay Mohan Polade And Others

2024:BHC-AUG:6784 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1109 OF 2024 IN APPLICATION FOR LEAVE TO APPEAL BY PRIVATE PARTY NO. 118 OF 2023 Dr. Shri Vipul Jayantilal Bafna Age : 43 years, Occupation : Medical Practitioner, Resident of : C/o Niramay Hospital, 80 Feet Road, Dhule, District Dhule.

... Applicant [Orig. Complainant]

Versus

1.

Shri Ajay @ Vijay Mohan Polade Age : years, Occupation :

2.

Shri Prakash Moan Polade Age : years, Occupation :

Both Residents of : Lane No. 7, Behind Subhash Bose Statue, Near Mari Mata Mandir, Dhule.

3.

Shri Shailendra Bhaurao Sale Age : years, Occupation: Editor 4.

Shri Yuvraj Deore Age : years, Occupation: Executive Editor, 5.

Shri Narendra Ramnath Jamadar Age : years, Occupation: Printer 6.

Shri Sunil Ramnath Jamadar Age : years, Occupation: Resident Editor All residents of : Media Tower No.18, Shriram Colony, Wadibhokar Road, Deopure, Dhule.

... Respondents [Orig. Accused]

-2- .....

Mr. Mukul S. Kulkarni, Advocate for the Applicant. .....

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

15.03.2024 ORDER :

1.

Instant application is filed seeking leave to serve respondent nos. 3 to 6 by paper publication.

2.

Learned counsel for the applicant submits that, aggrieved by the judgment and order of acquittal of respondents from offence punishable under Section 500 r/w 34 of the Indian Penal Code, applicant has filed application seeking leave to file appeal against the said order. He submits that, notices were issued in the said matter on 12.09.2023 on the same address as was given before the learned Magistrate. However, respondent nos. 3 to 6 could not be served. Therefore on 21.12.2023, notices were again issued on fresh address, however the same also returned unserved as not found on given address.

3.

He further submits that since the said respondents were served upon the same address given by the applicant before the learned

-3Magistrate and that since no other address is known to the present applicant, he seeks leave to serve the said respondents by paper publication in the newspaper "Dainik Punyanagari", Dhule Edition. 4.

In view of the above submissions, the application is allowed in terms of prayer clause "A" and disposed of accordingly. [ABHAY S. WAGHWASE, J.] vre