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Bombay High CourtIA/2326/2025disposed off

Sudhakar Dulaji Joel v. Pradeep Dalichand Shah

2025-11-12Hon'Ble Shri Justice Sandeep V. Marne2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2326 OF 2025 IN APPLICATION FOR LEAVE TO APPEAL (PVT.) (STAMP) NO.12787 OF 2025 Sudhakar Dulaji Joel ....Applicant V/S Pradeep Dalichand Shah ....Respondent WITH APPLICATION FOR LEAVE TO APPEAL (PVT.) (STAMP) NO.12787 OF 2025 Sudhakar Dulaji Joel ....Applicant V/S Pradeep Dalichand Shah ....Respondent _________ Mr. Balasaheb R. Deshmukh for the Applicant.

Mr. Vinit A. Kulkarni, APP for Respondent/State. _________ CORAM : SANDEEP V. MARNE, J.

DATE : 12 NOVEMBER 2025.

P.C.:

1.

The learned counsel appearing for Applicant seeks leave of the Court to withdraw the Appeal. He would submit that Applicant is a victim under Section 72(2) of the Code of Criminal Procedure, 1973 and that therefore the Appeal would lie before Sessions Court. Liberty is granted to file Appeal before Sessions Court. The Appeal is permitted to be withdrawn and disposed of.

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With withdrawal of the Appeal nothing would survive in the Interim Application, which is also disposed of. 3.

In the event Appeal is lodged before the Sessions Court within four weeks, the Applicant shall be entitled to benefit of Section 14 of the Limitation Act.

(SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2025.11.13 15:52:38 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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