IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4632 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Bilkish Vivian Nunes .. Appellant V/s. The State of Maharashtra .. Respondents Mr.S.K.Pise for the Appellant. Mr.D.P.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 27th , 2009. P.C. Heard learned Advocate Mr.Pise for the Applicant original complainant. 2. It is the application for leave to file an appeal against the order passed by the learned Metropolitan Magistrate 8th Court, Esplanade, Mumbai dated 20th October, 2008. By the said order the the case was dismissed on application preferred by Respondents 2 to 4 that is original accused Nos. 1 to 3 for dismissal of compliant. It 1 was the complaint filed by the applicant for taking action against Respondent Nos. 2 to 4 for the offence punishable under section 500, 501 and 502 read with section 34 of Indian Penal Code of alleged defamation by way of publication in the news paper. 3. None present for Respondent Nos. 2 to 4, though, they are earlier served and represented by their Advocate. R and P of the matter was already called. After hearing the learned Advocate for the Applicant, it appears that the order impugned in the present application dismissing the complaint, is required to be set aside and even the appeal is also required to be allowed with directions that the matter be remanded back to the concerned Court for disposal, according to law. 4. In view of the above, present application for leave is allowed. Appeal is admitted and also disposed of with directions that the matter be remanded back to the concerned Court for dealing with the matter after issuing notice to both the parties and to disposed of according to law. 5. With these directions, the application for leave and the appeal stands disposed of. (A.R. JOSHI, J.) 2 3