IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1316 OF 2008 IN CRIMINAL APPEAL NO.1221 OF 2008 Suryakant B. Mangire .. Applicant Versus State of Maharashtra & Anr. .. Respondents Mr.Amol A. Deshpande for the applicant. Mr.Y.S.Shinde, A.P.P for the respondent no.1. Mr.Gajanan M. Savagane for the respondent no.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 09th January 2009. : 09th January 2009. : 09th January 2009. P.C.: . Heard the learned counsel appearing for applicant. The delay is of 495 days. The application is opposed by the learned counsel appearing for the 2nd respondent by pointing out that deliberately adopting a wrong remedy is no ground for condoning the delay. 2. The complaint filed by the applicant was disposed of in exercise of powers under section 256 of the Code of Criminal Procedure, 1973. The said order was passed on 23rd May 2007. The applicant was advised (2) to file an application for restoration before the learned Magistrate. The said application was obviously not maintainable and was accordingly rejected. 3. The applicant adopted a wrong remedy. Therefore, a case for condonation of delay is made out. Delay is condoned. Application is allowed. (A.S.Oka,J)