13-alp-126-2020-ia-1396-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 126 OF 2020 (Leave to file appeal) WITH INTERIM APPLICATION NO. 1396 OF 2020 Julekha Yusuf Shaikh … Applicant vs. Javed Khalid Khan and Ors … Respondents Mr. Akshay Pawar for the Applicant Mr. D.J. Haldankar, APP for the Respondent-State. CORAM : GAURI GODSE, J. DATED : 28th NOVEMBER 2025 ORDER: 1. This application is filed by the original complainant under Section 378(4) of the Criminal Procedure Code (‘CrPC), seeking leave to file appeal to challenge the order passed by the learned Magistrate acquitting respondent nos. 1 to 4 for the offence punishable under Sections 354, 452, 448, 323, 504,506 of the Indian Penal Code. Page no. 1 of 3 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2025.11.29 12:39:26 +0530 13-alp-126-2020-ia-1396-2020.doc 2. Learned counsel for the applicant submits that the applicant is the original complainant and she is the victim. In view of legal principles settled in the decision of M/s. Celestium Financial Versus. A. Gnanasekaran1 the complainant would be covered under the expression ‘victim’. Learned counsel for the applicant therefore submits that the applicant would be entitled to file an appeal under Section 372 of Code of Criminal Procedure. He therefore seeks leave to withdraw this application with liberty to file an appeal under Section 372 of CrPC in the Sessions Court. Learned counsel for the applicant submits that the applicant be granted benefit of the period of pendency of this application for seeking condonation of delay. 3. There is a delay in filing application. Criminal Application No. 1396 of 2020, is filed for the condonation of delay in filing the application for leave to file appeal. Both the applications are filed on 9th December 2020. Hence, it is clarified that if an appeal under Section 372 of CrPC is filed within eight weeks from today, the applicant shall be entitled to seek benefit of the period of pendency of this application for seeking condonation of delay in filing the appeal before the Sessions Court. 1 2025 SCC OnLine SC 1320 Page no. 2 of 3 13-alp-126-2020-ia-1396-2020.doc 4. Learned advocate for the applicant is permitted to take back certified copy of the impugned order for filing the appeal in the Sessions Court, on submitting a photocopy of the impugned order. Registry shall verify the photocopy and return the certified copy to the learned advocate for the applicant. 5. The Application is disposed of as withdrawn subject to the aforesaid liberty. (GAURI GODSE, J.) Page no. 3 of 3