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Bombay High CourtAPPLN/2550/2015disposed off

Prafull S/O Ajay Patil And ANR v. Govindrao S/O Dasrao @ Devidasrao Ranisawargaonkar ( Galakatu, Jahagirdar

2015-05-08Hon'Ble Smt. Justice Sadhana S. Jadhav3 pages

(1) Cri. Appln. No. 2550 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 2550 of 2015 (In Criminal Writ Petition No. 264 of 2015)

1. Prafull s/o. Ajay Patil, Age : 43 years, Occupation : Editor.

2. Ajay s/o. Jagannathrao Patil, Age : 71 years, Occupation : Retired, R/o. N-11, K-49/16, Navjeevan Colony, HUDCO, Aurangabad, .. Applicants Taluka & District : Aurangabad.

(Original accused) versus Govindrao s/o. Dasrao @ Devidasrao Ranisawargaonkar (Galakatu, Jahagirdar), Age : 65 years, Occupation : Retired Teacher, as well as Trustee, Shri Renuka Devi Sansthan, Ranisawargaon, Taluka : Gangakhed, .. Respondent District : Parbhani.

(Original complainant) .........................

Mr. Bipinchandra K. Patil, Advocate, for the applicants. Mr. S.W. Munde, Advocate, for the respondent. ..........................

CORAM : SMT. SADHANA S. JADHAV, J.

DATE : 8TH MAY 2015

(2) Cri. Appln. No. 2550 of 2015 PER COURT :

1.

Not on board. Taken on board, at the request of the learned Counsel for the applicants.

2.

Heard respective Counsel for the parties.

3.

On 7th May 2015, learned Counsel for the applicant, upon instructions, has sought to withdraw Criminal Writ Petition No. 264 of 2015. This Court had granted liberty to withdraw the petition. Today, it is brought to the notice of this Court, by the learned Counsel for the petitioners / applicants, that the applicants seek to file a Revision Application, challenging the order of rejection of the application under Section 258 of the Code of Criminal Procedure, 1973. 4.

In the eventuality, that such Revision Application is filed within four weeks from today, the learned Sessions Court shall consider the same on its own merits. For the purpose of condoning the delay in filing the Revision Application, the Court shall take into consideration the time spent in prosecuting Criminal Writ Petition No. 264 of 2015. The learned Sessions Court shall not be influenced by the withdrawal of Criminal Writ Petition 264 of 2015, as all contentions have been kept open.

5.

Criminal Writ Petition No. 264 of 2015 stands disposed of as withdrawn with above observations.

(3) Cri. Appln. No. 2550 of 2015 6.

Consequently, present Application is disposed of in the above terms.

( SMT. SADHANA S. JADHAV ) JUDGE ................................

puranik / CRIAPPLN2550.15