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Bombay High CourtAPPLN/4219/2014disposed off

Shri.Kedareshwar Sahakari Sakhar Karkhana Ltd Suman Nagar. v. The State Of Maharashtra And Another

2015-03-13Hon'Ble Shri Justice A. I. S. Cheema2 pages

cra4219.14 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4219 OF 2014 Shri Kedareshwar Sahakari Sakhar Karkhana Ltd. Suman Nagar, Bodhegaon, Tq-Shevgaon, Dist-Ahmednagar Through its authorized officer, Mukund Shivaji Mahajan, Age-39 years, Occu:Service, R/o-at Bodhegaon, Tq-Shevgaon, Dist-Ahmednagar.

...APPLICANT (Orig. Complainant)

VERSUS

1) The State of Maharashtra,

2) Mr. Ramrao s/o Baburao Andhale, Age-Major, Occu:Labour Contractor, R/o-At Antarwali, Post-Kukana, Tq-Newasa, Dist-Ahmednagar. (Orig. Accused) ...RESPONDENTS ...

Mr. A.V. Hon Advocate h/f. Mr. V.D. Hon Advocate for Applicant.

Mr. K.S. Patil, A.P.P. for Respondent No.1.

...

CORAM: A.I.S. CHEEMA, J.

DATE : 13TH MARCH, 2015 ORAL ORDER :

1.

Heard learned Counsel for Applicant.

cra4219.14 Perused record.

2.

Going through the Judgment and reasons, there appears to be an arguable case which requires this Court to reconsider and reappreciate the evidence. As such leave is granted. The Application is allowed. Application be converted into Appeal.

3.

Appeal is Admitted. The learned A.P.P.

waives service of notice for Respondent No.1, after admission of the Appeal.

4.

Action under Section 390 of Cr.P.C. be taken against Respondent No.2 - accused in the trial Court and brief compliance report be called. 5.

Paper Book be got prepared.

[A.I.S. CHEEMA, J.] asb/MAR15