1 Cri-A-2853-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 2853 OF 2010 Suresh Sitaram Dolas ... Applicant vs. State of Maharashtra & Anr. ... Respondents Mr. R.Sathyanarayanan, Advocate, for the applicant Ms. M.R.Tidke,Advocate for the respondent No.1 - State. Mr. R.A.Shelke, i/b. Shri Gautam Kanchanpurkar, Advocate, for respondent No.2. CORAM: J.H.BHATIA,J. DATE : 29th April, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. Perused both the orders passed by the Magistrate. By first order dated 6.11.2006, he had rejected the complaint as premature with liberty to the complainant to file fresh complaint as and when cause of action arose. However, by second order dated 17.2.2007, he allowed the same old complaint to be revived and issued the process. The second order is challenged in the present application. 3. After some discussion, with consent of the learned Counsel, the order dated 17.2.2007 is hereby set aside with liberty to the respondent No.2 2 Cri-A-2853-10.sxw complainant to file fresh complaint, if he so desires. Application stands disposed of accordingly. (J.H.BHATIA,J.)