Disposed
Ishwar Damu Kamble v. Vijay Haribhau Phalke and Anr.
Bombay HCREVN/87/2004
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HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.87 OF 2004.
Ishwar Damu Kamble ...Petitioner.
V/s.
Vijay Haribhau Phalke & Anr. ...Respondents.
Shri Kuldeep Patil i/b Deepak Girme, for petitioner.
Shri A.S.Gadkari, APP for State.
CORAM: A.M.KHANWILKAR,J
DATE : APRIL 13, 2005
P.C. :-
1. Decision which is in question in this Revision
Application which is passed by the Judicial Magistrate,
First Class, Link, Court No.7, Pune. It was open to
the petitioner to prefer a revision application before
the Sessions Court in the first place. Without
exhausting that remedy, the petitioner has directly
come to this court.
2. In the circumstances, this application is
disposed of, with liberty to the petitioner to approach
the Sessions court. In the event the petitioner takes
out appropriate application before the Sessions Court
within two weeks, it is expected that the Sessions
court will not dismiss the same on the ground of delay
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because the present application was filed by the
petitioner in this court on 5th March, 2004 which is
within limitation. Proposed application be filed
within two weeks. All questions on merit are left
open.
1 issue framed by the court
Whether the revision application should be dismissed for not exhausting the remedy of revision before the Sessions Court.
Ishwar Damu Kamble
Vijay Haribhau Phalke
Anr.
A.M.KHANWILKAR
As recorded by the court registry
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