IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.685 OF 2008 IN CRIMINAL APPLICATION NO.1836 OF 2008 Shri Suresh Pandurang Mare .. Applicant Versus Subhashrao Nanasaheb Memane & Anr. .. Respondents Mr. R.B.Deshmukh for the applicant. Ms.A.T.Jhaveri, A.P.P for the State. 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 the applicant. The learned counsel appearing for the 1st respondent seeks time to file a reply. 2. The prayer for condonation of delay is in filing an application under sub section 4 of section 378 of the Code of Criminal Procedure, 1973. The application discloses that on 30th August 2007 the complaint filed by the applicant was dismissed in exercise of powers under section 256 of the Code of Criminal Procedure, 1973. The averments made in the application and in particular from paragraph 6 onwards show that according (2) to the applicant the complaint was fixed for filing of affidavit of evidence on 24th August 2007. Further case is that the case was adjourned to 29th September 2007. The case of the applicant is that after the case was adjourned to 29th September 2007, an application was filed by the 1st respondent for dismissal of the complaint. It is stated that a copy of the application was not served to the applicant and the said application was adjourned to 30th August 2007. The case of the applicant is that as he was under impression that the case was fixed on 29th September 2007, he appeared in the trial Court on that day and found that the case was not listed on the board. The application discloses that till 04th December 2007 the casepapers were not traceable. After the casepapers were traced on 04th December 2007, the applicant became aware that the complaint has been dismissed. An application for certified copy was made and the certified copy was received on 10th December 2007. 3. The applicant was advised to file a criminal revision application. Accordingly, on the very day i.e 10th December 2007 a criminal revision application was filed by the applicant before the Sessions Court alongwith an application for condonation of delay. (3) Notice was issued on the said application. When it was found that the revision application was not maintainable, on 10th April 2008, the revision application was allowed to be withdrawn and application for leave has been filed in this Court on 06th June 2008. 4. The documents annexed to the application show that a revision application was filed by the applicant on 11th December 2007 and was withdrawn on 10th April 2008. As these facts are borne out from annexures to the application, a case is made out for condonation of delay and it is not necessary to grant time to the 1st respondent to file a reply. Hence, delay deserves to be condoned. Application is accordingly allowed. 5. Criminal Application No.1836 of 2008 shall be placed for final disposal at admission stage on 28th January 2009. (A.S.Oka,J)