Sandeep S/O Vasantrao Kulkarni v. Dadarao S/O Tukaram Shejul And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6061 OF 2014 Sandeep s/o Vasantrao Kulkarni, Age-33 years, Occu:Agriculture, R/o-Samta-Nagar, Sillod, Tq-Sillod, Dist-Aurangabad.

...APPLICANT (Orig. Complainant)

VERSUS

1) Dadarao s/o Tukaram Shejul, Age-Major, R/o-Didgaon, Tq-Sillod, Dist-Aurangabad,

2) Sitaram s/o Tukaram Shejul, Age-Major, R/o-Didgaon, Tq-Sillod, Dist-Aurangabad.

...RESPONDENTS (Orig. Accused) ...

Mr. Satish A. Gaikwad Advocate for Applicant. ...

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

DATE : 28TH JANUARY, 2015 ORAL ORDER :

1.

Heard learned counsel for Applicant.

Perused Roznama from the record of the trial Court. Roznama shows that on 19th July 2014 complainant was present and filed application for issuance of non bailable warrant to accused. On 12th August 2014, complainant appears to have been present. On the adjourned dates of 9th September 2014 and 1st October 2014 complainant was not present. Counsel for Applicant submits that Applicant on 1st October 2014 had come to the Court but by the time the call was made and before he could reach the Court, the Court had passed orders.

2.

Going through the order concerned, there appears to be an arguable case. As such leave is granted. The Application is allowed. Application be converted into Appeal.

3.

Appeal is Admitted.

4.

Action under Section 390 of Cr.P.C. be

taken against Respondents-accused in the trial Court and report be called.

5.

Paper Book is dispensed with.

[A.I.S. CHEEMA, J.] asb/JAN15