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Bombay High CourtAPPW/12/2018others disposed off

Nilesh Popatrao Ranaware v. The State Of Maharashtra And ANR

2018-01-15Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice M. S. Karnik2 pages

13. APPW 12.18.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 12 OF 2018 IN CRIMINAL WRIT PETITION NO. 1056 OF 2006 Shri Nilesh Popatrao Ranaware .. Applicant Vs.

The State of Maharashtra and anr.

.. Respondents Mrs.Manisha Jagtap a/w Mr.Abhay Kapadia i/b M/s.J.Shekhar & Co., for the Applicant.

Mr.Arfan Sait, APP for State.

CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

15th JANUARY, 2018 P.C. :

1.

Heard learned Counsel for the applicant and learned APP for the respondents.

2.

The prayer of the applicant is that delay in preferring restoration application be condoned and Writ Petition No. 1056 of 2006 be restored to file.

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13. APPW 12.18.doc 3.

By order dated 06/03/2017, the applicant was directed to supply 2 nd set of the Petition within a period of 3 weeks from 06/03/2017 and if the 2 nd set was not supplied within the stipulated time, the Petition was to stand dismissed for non-prosecution without further reference to the Court. The applicant did not supply 2 nd set within a period of 3 weeks, hence, the Petition came to be dismissed.

4.

In view of the averments made in the Application, we are of the opinion that case is made out for condoning the delay and restoring the Writ Petition No. 1056 of 2006. Hence, this Application is allowed in terms of prayer clauses (a) & (b) of the Petition.

5.

Time to remove office objection is extended by a period of 4 weeks from today.

6.

Criminal Application is disposed of.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 2/2