Mohd. Sajidbhai S/O Mohd. Saddik v. Ramdas S/O Punaji Dabhade And Anor

apeal109.07.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.

OF 2007 (Mohd. Sajidbhai s/o Mohd. Saddik Vs. Ramdas s/o Punaji Dabhade and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- None for Appellant.

Shri N.H. Joshi, APP for Respondent No.2-State. CORAM: ROHIT B. DEO , J.

DATE: 5 th MAY, 8 .

The learned counsel for the appellant is consistently absent.

This court passed the following order on 04.04.2018:

None appears for the appellant, even on second call.

2. Subject to payment of costs of Rs.1,000/- to be deposited by the appellant with the High Court Legal Services Sub-Committee, Nagpur, list the appeal on 12-4-2018.

Again the learned counsel for the appellant did not appear on 12.04.2018 and the following order was passed:

None appeared for the appellant on 04-4-2018. This Court imposed costs, which order is not complied with.

2.

None appears for the appellant, even on second call today.

3.

Subject to payment of costs of Rs.3,000/- to be

apeal109.07.O.odt 2 deposited by the appellant with the High Court Legal Services Sub-Committee, Nagpur, list the appeal on 16-4-2018.

Lastly, since there was no appearance on behalf of the appellant on 16.04.2018 the following order was passed:

None present for the appellant, even on second call.

The learned counsel for the appellant is consistently absent.

This court directed payment of costs, which order is not complied with.

Subject to the appellant depositing costs of Rs.5000/- with the High Court Bar Association, Nagpur, list the appeal for orders on 19.04.2018. Today when the matter is called out, there is no appearance on behalf of the appellant. The orders passed by this court have been treated with utter disdain. The costs have not been deposited.

This court is satisfied that the appellant is abusing the process of law. The appeal challenges the judgment and order of acquittal. This court cannot be a silence spectator and permit the appellant to abuse the process of law. This is a fit case for this court to invoke inherent powers and to dismiss the appeal.

The appeal is dismissed.

JUDGE NSN