1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Appeal No.460 of 2009 [Sau. Annapurnadevi R. Agrawal Vs. Deepakkumar D. Agrawal & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Anil Mardikar, Adv., for the appellant. Mr.ِC.A. Joshi, Adv., for respondent no.1. Mr. D.B. Yengal, APP for respondent no.2. ---- CORAM : A.H. JOSHI, J. DATE : 12th July, 2010. 1. This appeal is arising out of the order dated 18th October, 2008 passed by Second Judicial Magistrate First Class, Akola, regarding closure of the case. 2. The case was closed and accused was discharged on the ground that the the matter was old and no proper steps were taken to prosecute it. 3. Heard learned Adv. Mr. Anil Mardikar for the appellant, learned Adv. Mr. C.A. Joshi for respondent no.1 and learned APP Mr. D.B. Yengal for respondent no.2. 4. Learned Adv., for the appellant has 2 pointed out Annexure-P-1 to the Memo of Appeal, which is the application dated 18th October, 2008, stating that the complainant s sister was to be hospitalized and, therefore, he was not able to attend the Court. 5. Any affidavit in support of this application was not filed. 6. It is seen from R & P that even on earlier dates, the case was not pursued diligently. 7. Learned Adv., for the appellant has strenuously urged for setting aside the impugned order. 8. This Court, however, records that so long as, based on record, this Court could find some foundation and grounds to hold that the impugned order is contrary to law, it cannot be set aside, much less sheerly for asking. 9. Therefore, the application for leave to appeal has no merit, and is rejected. 10. Appeal is dismissed. Judge |Hedau| 3