- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPEAL NO.683 OF 1997 APPEAL NO.683 OF 1997 APPEAL NO.683 OF 1997 Krishna Gunaji Sangare ...Appellant vs. Laxman Sakharam Sangare and others ...Respondents Mr.Rajesh Parab i/b Mr.D.S.Sawant for the appellant Mr.Y.S.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 6,2009 : MARCH 6,2009 : MARCH 6,2009 P.C.: P.C.: P.C.: 1. For the reasons separately recorded in the Judgment, following is the operative part of the Judgment : i) Impugned order dated 13th August 1991 is quashed and set aside. Regular Criminal Case No.33 of 1991 is restored to the file of court of Judicial Magistrate First Class at Deorukh. ii) The learned Magistrate will issue fresh summons to the accused 1,2 4 to 6 and will thereafter proceed with the case from the stage at which it was pending on 13th August 1991. iii) Appeal is allowed accordingly. Writ along with the Record and Proceedings to be sent expeditiously. - 2 - JUDGE JUDGE JUDGE