902-ALP-395-2018.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLN FOR LEAVE TO APPEAL(PVT.) NO. 395 OF 2018 Kaushalbai Pandurang Bhor And Ors. … Applicants Vs. Sushila Kacharu Chumbale And Ors. … Respondents Mr. Shubham Jangam i/b. Mr. Girish R. Agrawal for the Applicants. Ms. Shilpa G. Talhar, AGP for the State/respondent. CORAM : GAURI GODSE, J. DATE : 28th JANUARY 2026 ORDER : 1. This application is filed by the original complainant under Section 378(4) of Code of Criminal Procedure, 1973 (“Cr.P.C.”) for seeking leave to file an appeal to challenge the order passed by the learned Magistrate acquitting respondent nos. 1 and 2 from the offence punishable under Section 465, 467, 468, 471, 420 read with 34 of the Indian Penal Code. 2. The order of acquittal is not passed in a case initiated 1/2 Swapnil 2026:BHC-AS:2620 902-ALP-395-2018.docx on complaint. Hence, this application is not maintainable. 3. Learned counsel for the applicants, therefore, seeks leave to withdraw this application with liberty to file an appeal under Section 372 before the Session Court. 4. Leave granted with liberty as prayed. 5. It is clarified that if an appeal before the Session Court is filed within eight weeks from today, the applicant would be entitled to seek benefit of the period of the pendency of this application for seeking condonation of delay. 6. The application is disposed of as withdrawn with liberty as recorded above. [GAURI GODSE, J.] 2/2