1 APPLN-3340.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.3340 OF 2010 The State of Maharashtra .... Applicant Vs. Vishwanath Gajanan Mhatre & Anr. .... Respondents Ms M.M. Deshmukh, 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 2-3-2010. 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 2 APPLN-3340.10 the complainant was filed, the learned 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 respondents, 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.)