1 criap2258.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2258 OF 2010 WITH CRIMINAL APPLICATION NO. 2257 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 08.03.2011. 1. Heard Shri D.K. Kulkarni, Advocate, for the applicant, and Shri V.G. Shelke, learned A.P.P. for the Respondent No.1. 2. Shri D.K.Kulkarni, learned counsel for the applicant, submitted that the applicant is the original complainant i.e. victim who had filed complaint [SCC No.1349/2010] before the Court of Judicial Magistrate First Class, Parali Vaijanath, against respondent Nos.2 and 3- original accused, for offences punishable under 2 criap2258.10 Sections 323, 504, 506 read with Section 34 of the Indian Penal Code. However, the learned Magistrate, dismissed the said complaint and acquitted the accused persons for the said offences, by judgment and order dated 6.3.2010 and the present applicant has preferred criminal application No.2257 of 2010, seeking leave to file appeal against the said judgment and order of acquittal. 3. Shri D.K. Kulkarni, learned counsel for the applicant, now submits that in view of amendment to Section 372 of the Code of Criminal Procedure, 1973, the said application/appeal shall lie before the Sessions Court and not before this Court and, therefore, prayed for transmission of present matter to the Sessions Court, Ambajogai. 3 criap2258.10 4. In view of the said submission, present matter i.e. Criminal Application Nos. 2258 and 2257 of 2010 be transmitted to the Court of Sessions, Ambajogai, to decide the same, in accordance with law. 5. It appears that as per the conditional order passed on 22.2.2011 in Criminal Appeal No. 2257 of 2010, applicant has not furnished addresses of Respondent Nos. 2 and 3 and hence, office has dismissed said application as against Respondent Nos. 2 and 3. However, the period of two weeks has not been expired so far, as the same would expire at the end of the day of today. In view of said position, the order of dismissal against Respondent Nos. 2 and 3 passed by the office, stands quashed and set aside and the said application against said respondents stands restored and the applicant is permitted to 4 criap2258.10 furnish fresh addresses of Respondent Nos.2 and 3 in the office during the course of the day, failing which present application No. 2257 of 2010 against respondent Nos. 2 and 3 shall stand dismissed without back reference to the court. 6. Matters stand removed from the board. pnd/criap2258.10 (SHRIHARI P. DAVARE, J.)