A.S. Pophare vs Sanjay Bhatiya And Ors
2015 Latest Caselaw 472 Bom

                                                     22-APPA-228-2014-APEALST-125-2014.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                  
                         CRIMINAL APPELLATE JURISDICTION




                                                          
                      CRIMINAL APPLICATION NO.228 OF 2014
                                      IN
                      CRIMINAL APPEAL (ST.)NO.125 OF 2014
                                     WITH




                                                         
                      CRIMINAL APPEAL (ST.)NO.125 OF 2014

     SHRI A.S.POPHARE                                              )...APPLICANT




                                          
              V/s.
                             
     SHRI SANJAY BHATIYA AND ORS.                                  )...RESPONDENTS

     Shri K.M.Sangani, Advocate for the Applicant.
                            
     Shri B.B.Sharma, Advocate for Respondent No.1.
     Smt.M.R.Tidke, APP for the Respondent - State.
      

                                   CORAM         :         ABHAY M. THIPSAY, J.

                                   DATE          :         26th OCTOBER 2015.

     ORAL ORDER :





     1                Heard Shri K.M.Sangani, the learned counsel for the 

     applicant / appellant.





     2                This   appeal   has   been   filed   under   the   provisions   of 

Section 341 of the Code of Criminal Procedure (Code) challenging

the order dated 5th September 2013, passed by the Maharashtra

avk 1/4

22-APPA-228-2014-APEALST-125-2014.doc

Administrative Tribunal (MAT), Mumbai, dismissing the

applications filed by the applicant/appellant praying for initiation

of an action against the respondents thereto, for having

committed an offence punishable under Section 193 of the IPC,

and thus, refusing to make a complaint under the provisions of

Section 340 of the Code. Being aggrieved thereby, the

applicant/appellant has filed the present appeal.

3 An appeal does lie from an order passed under the

provisions of Section 340. Section 341 of the Code provides that,

any person on whose application any court other than High court

has refused to make a complaint under sub-section (1) or sub-

section (2) of Section 340, or against whom such a complaint has

been made by such court, may appeal to the court to which such

former court is subordinate within the meaning of sub-section(4) of

Section 195. Sub-section (4) of Section 195 of the Code lays down

that, a court shall be deemed to be subordinate to the court to which

appeals ordinarily lie from the appealable decrees or sentences of

such former court.

avk 2/4

22-APPA-228-2014-APEALST-125-2014.doc

4 No appeals lie from the final orders passed by the MAT

to this court. As such, the MAT cannot be deemed to be

subordinate to this court for the purposes of Section 341 of the

Code.

5 The appeal from the said order, therefore, cannot lie to

this court. As such, it cannot be entertained by this court.

The appeal is dismissed. It, however, be numbered.

7 Since I have considered the maintainability of the

appeal, the application for condonation of delay is treated as

having been allowed.

8 It is made clear that no decision on the merits of the

matter has been taken, and it shall be open for the appellant to

pursue any other remedy, as may be available to him in law, for

the redressal of his grievance.

                                          (ABHAY M. THIPSAY, J.)

     avk                                                                           3/4

22-APPA-228-2014-APEALST-125-2014.doc

CERTIFICATE

Certified to be true and correct copy of the original signed Judgment / Order.

     avk                                                                         4/4