Nagubai Shabu Dudhale vs Kalpana Dattatray Bhosale And Anr
2021 Latest Caselaw 4075 Bom

     Tauseef                                                 04-REVN.140.2016.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

               CRIMINAL REVISION APPLICATION NO.140 OF 2016
                                  WITH
                   CRIMINAL APPLICATION NO.131 OF 2016
                                    IN
               CRIMINAL REVISION APPLICATION NO.140 OF 2016


Sou. Nagubai Shabu Dudhale                    ...Applicant
              V/S.
Sou. Kalpana Dattatray Bhosale & Anr.         ...Respondents


Mr. Anand Patil, Advocate for Applicant.
Mr. Amit Palkar, APP for Respondent No.2 - State.


                                 CORAM   : A. S. GADKARI, J.

                                 DATE    : 4th MARCH, 2021.

P.C. :

1. Learned counsel for the Applicant submitted that, against

the impugned Judgment and Order dated 10th December 2015, passed

by the learned Sessions Judge, Kolhapur, in Criminal Appeal No.36 of

2014, a substantive appeal against acquittal under Section 378 of

Cr.P.C. would lie. He further submitted that, erroneously the present

revision under Section 397 of the Cr.P.C. has been filed. He,

therefore, seeks leave to withdraw the present Revision with liberty to

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Tauseef 04-REVN.140.2016.doc

file a substantive appeal against Respondent No.1.

2. Leave and liberty granted.

3. Disposed of as withdrawn with the aforesaid liberty.

4. It is needless to mention that the Applicant is entitled to get

benefit under Section 14 of the Limitation Act, 1963 for pursuing the

present Revision Application.

5. In view of disposal of the Revision Application, Criminal

Application No.131 of 2016 pending therein does not survive and is

accordingly disposed of.

(A. S. GADKARI, J.)

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