(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3618 of 2010 Sau. Kasabai w/o. Jagannath Kondke, Age : 40 years, Occupation : Household & Agriculture, .. Applicant R/o. Ranjangaon, Taluka : Phulambri, (Original District : Aurangabad. complainant) versus 1. Sau. Chandrabhagabai w/o. Ramrao Kondke, Age : 55 years, Occupation : Agriculture, R/o. Ranjangaon, Taluka : Phulambri, District : Aurangabad. 2. Ramrao s/o. Rewaji Kondke, Age : 59 years, Occupation : Agriculture & Business, R/o. Ranjangaon, Taluka : Phulambri, District : Aurangabad. 3. Bhaskar s/o. Ramrao Kondke, Age : 39 years, Occupation : Agriculture, R/o. Ranjangaon, Taluka : Phulambri, District : Aurangabad. (2) 4. Dadarao s/o. Ramrao Kondke, Age : 34 years, Occupation : Agriculture, R/o. Ranjangaon, Taluka : Phulambri, District : Aurangabad. 5. Baburao s/o. Ramrao Kondke, Age : 29 years, Occupation : Agriculture, R/o. Ranjangaon, Taluka : Phulambri, District : Aurangabad. 6. Sominath s/o. Chandrabhan Gadekar, Age : 46 years, Occupation : Agriculture, R/o. Girsawli, Taluka : Phulambri, District : Aurangabad. 7. Kashinath s/o. Dhondiba Kondke, .. Application abated Age : 59 years, as against respondent Occupation : Agriculture, no.7 as per order R/o. Ranjangaon, Taluka : Phulambri, dated 8-11-2011 District : Aurangabad. 8. The State of Maharashtra. .. Respondents. ....................... Mr. A.D. Kasliwal, Advocate, for the applicant. Mr. R.V. Gore, Advocate, for respondent nos.1 to 6. Application abated as against respondent no.7 as per order dated 8-11-2011. (3) Smt. Y.M. Kshirsagar, Additional Public Prosecutor, for respondent no.8. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 22ND NOVEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal challenging the order dated 14th July 2010, passed by the learned Judicial Magistrate (First Class), Phulambri, in Regular Criminal Case No. 499/2008, thereby dismissing the complaint filed by the complainant and acquitting the accused for the offences punishable under Sections 447, 379, 427, 504, 506, read with Section 34 of Indian Penal Code. 3. It is apparent from the impugned order dated 14th July 2010, that the complainant and her Advocate were absent on 14th July 2010, and therefore, the said complaint came to be dismissed for want of prosecution and accused were acquitted. Hence, it is (4) apparently clear that the said complaint was not dismissed on its own merits, but it was technical dismissal, and hence, present Application deserves to be allowed. 4. Accordingly, present Criminal Application is allowed and leave to file appeal is granted. Present Criminal Application be treated as Criminal Appeal. Office to register it as Criminal Appeal. 5. Admit. 6. Mr. R.V. Gore, learned Counsel, waives service of notice for respondent nos.1 to 6, after admission, and Smt. Y.M. Kshirsagar, learned APP, waives service of notice for respondent no.8, after admission. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/3618ka