1 APPLN-3074.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.3074 OF 2010 The State of Maharashtra .... Applicant Vs. Vasant Nathram Bhanushali .... Respondent Ms P.P. Bhosale, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: JULY 07, 2011 P.C: 1. This is an application for leave to file appeal against dismissal of complaint filed by a Food Inspector under Section 256 of the Cr.P.C. for the absence of the complainant. The complainant-Food Inspector had appeared before the Court subsequently and sought restoration, which application was rejected by the learned Magistrate by order dated 16-1-2010. The learned APP points out that on the day when the complaint was dismissed, the Asstt. Public Prosecutor in-charge of the case was present before the Court and merely because no application for granting personal exemption to the complainant was filed, the learned 2 APPLN-3074.10 Magistrate proceeded to dismiss the complaint. The accused in that case was absent and in fact a bailable warrant had been issued against the accused which had been returned on the earlier date. In view of this, leave granted. Appeal admitted. Call for the R & P. List the appeal for final disposal on 4-8-2011. 2. Issue notice to the respondent, returnable on 4-8-2011 indicating that the appeal would be disposed of finally on the said date. 3. The application accordingly stands disposed of. (R.C. CHAVAN, J.)