Damodar Narayan Chilka v. The State Of Maharashtra And ORS.

9. ALP 28 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL NO. 28 OF 2023 Damodar Narayan Chilka ...Applicant vs.

The State of Maharashtra and Ors.

...Respondents

***** Mr. Onkar A. Mane - Advocate for the Applicant Mr. H. J. Dedhia - APP for the Respondent-State ***** CORAM :

S. M. MODAK, J.

DATE :

20th MARCH, 2023 P. C. :- 1.

Heard learned Advocate for the Applicant.

2.

This Court has already issued notice on 24/01/2023, it is served on the Respondent No. 2 and they have not appeared. Heard learned APP.

3.

Considering the facts that the complaint was dismissed for return of non bailable warrant, learned Magistrate was wrong in exercising power under Section 256 of the Code of Criminal Procedure, hence special leave is granted. Appeal is admitted. 4.

Application for leave to appeal is disposed of. [S. M. MODAK, J.] by SEEMA KSHITIJ YELKAR Date:

2023.03.21 13:13:08 +0530 SEEMA KSHITIJ YELKAR Seema 1/1