Suryakant Raosaheb Kolhe v. Ajit Krushnarao Kadam And Others

2024:BHC-AUG:7813 912-CriAppln-1518-2024 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 912 CRIMINAL APPLICATION NO. 1518 OF 2024 IN ALP/86/2023 WITH APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 86 OF 2023 Suryakant Raosaheb Kolhe, Age 55 years, Occupation Business, R/o. Anand Vihar, Station Road, Ahmednagar.

... Applicant

Versus

1.

Ajit Krushnarao Kadam, Age 44 years, Occupation Business, R/o. Guha Road, Kadam Vasti, Deolali-Pravara, Taluka Rahuri, District Ahmednagar.

2.

Sanjay Ratnakar Zinje Age 61 years, Occupation Business, R/o. Near Nehru Market, Chitale Road, Ahmednagar.

3.

Girish Subhash Gaikwad Age 38 years, Occupation Business R/o. Ekvira Chowk, Gawade Mala, Surya Chowk, Gulmohar Road, Ahmednagar.

... Respondents [Orig. Accused] ....

Advocate for Applicant : Mr. Akash U. Peche h/f Mr. S. C. Vajjalvar ....

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

16 APRIL 2024

912-CriAppln-1518-2024 -2PER COURT :- 1.

This is an application seeking permission to serve respondent no.1 by paper publication.

2.

Record shows that, in the application seeking leave to file appeal against acquittal of present respondents, notice of respondent no.1 is returned unserved with remark as "not found on given address".

3.

Learned counsel for the applicant submits that address of respondent no.1 was same in the proceedings before the learned trial court. He further submits that even on inquiries, applicant could not collect better particulars regarding address of respondent no.1. 4.

In view of the above and the reasons mentioned in Criminal Application No. 1518 of 2024, the same is allowed in terms of prayer clause (B) and disposed of accordingly.

5.

Place the matter for further consideration on 11.06.2024. [ABHAY S. WAGHWASE, J.] vre