Kailas Radhakrushna Dhawale v. Devidas Janu Chavan And Another

appa717.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.717 OF 2016 IN CRIMINAL APPEAL NO. OF 2016 (Kailas Radhakrushna Dhawale Vs. Devidas Janu Chavan and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P.B. Patil, Advocate for Applicant.

Shri Nikhil Tekade, Advocate for Respondent 1. Shri H.R. Dhumale, APP for Respondent 2/State. CORAM: ROHIT B. DEO, J.

DATE: 29 th SEPTEMBER, 2017.

The applicant was pursuing his remedy before the wrong forum. The applicant filed Appeal 2/2013 before the Sessions Judge, Buldhana which was dismissed as not maintainable on 30.07.2016.

I do not see any mala fides. The applicant is entitled to the benefit of section 14 of the Limitation Act or principles analogues thereto. The law, on the aspect of the proper forum for filing an appeal by complainant/victim against acquittal was quite blurred at the relevant time. The application for condonation of delay is allowed.

CRIMINAL APPEAL NO. OF 2016:

List the appeal on 06.10.2017.

JUDGE NSN