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Bombay High CourtAPPLN/6600/2014disposed off

Iqbal Ahmed S/O Abdul Gaffar v. Shaikh Shahzad S/O Shaikh Mahmood

2016-10-19Hon'Ble Shri Justice Nitin W. Sambre2 pages

crap6600.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 6600 OF 2014 Iqbal Ahmed s/o Abdul Gaffar ...Applicant

VERSUS

Shaikh Shahzad s/o Shaikh Mahmood

...Respondent

.....

Shri D.S.Bharuka, advocate for applicant .....

CORAM : N.W.SAMBRE, J.

DATED : 19th October, 2016 PER COURT :- Heard Shri D.S.Bharuka, learned counsel for the applicant. He submits that as the order of disposal of complaint could be passed in exercise under Section 256 of the Code of Criminal Procedure, which results into acquittal of the accused, the appeal is maintainable. He seeks liberty to convert the present application under Section 482 of the Code of Criminal Procedure into

crap6600.14 that of appeal. Liberty as prayed for is granted. 2.

Applicant to convert the application into an appeal. Appropriate amendment to that effect be carried out within a period of one week from today, failing which liberty granted shall cease to exist and application shall stand dismissed as not maintainable.

(N.W.SAMBRE, J.) dbm/crap6600.14