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Bombay High CourtAPPR/14/2015

Anthony Pubal Rayen v. J. Vasantha Pubal Rayen And ANR.

2016-08-20Hon'Ble Shri Justice M.S. Sonak2 pages

14.APPR.14.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 14 OF 2015 IN CRIMINAL REVISION APPLICATION (ST) NO. 22 OF 2015 WITH CRIMINAL REVISION APPLICATION (ST) NO. 22 OF 2015 Shri Anthony Pubal Rayen ... Applicant Vs Smt. J. Vasantha Pubal Rayen & Anr.

... Respondents ...

Mr. R. M. Kanojia for the Applicant.

Ms. M. R. Tidke, APP for the State.

CORAM : M. S. SONAK, J.

DATE :20 AUGUST, 2016 P.C. :

1.

Mr. Kanojia the learned counsel for the Applicant, states that, service has been completed upon the Respondent. Further he states that in compliance with the direction contained in the order dated 20th February 2015, the petitioner has deposited in this Court an amount of Rs.50,000/-. 2.

For the reasons set out in the Criminal Application, the delay in the institution of Criminal Revision Application is condoned. As against the impugned order, the petitioner had initially instituted a Writ Petition before this Court. However, by order dated 04th December 2014, the Writ Petition was disposed of on the ground that the Petitioner has an alternate Habeeb 1/2

14.APPR.14.15.odt remedy by way of instituting Criminal Revision Application. Thereafter, on 6th January 2015, the Criminal Revision Application came to be instituted. The delay, in such circumstances, stands sufficiently explained. The Applicant has also shown his bonafides by depositing an amount of Rs.50,000/- in this Court. For all the aforesaid reasons the delay in instituting the Criminal Revision Application is hereby condoned. The Respondent is at liberty to withdraw the amount of Rs.50,000/- deposited by the Applicant in this Court. The registry is directed to permit the Respondent to withdraw such amount unconditionally. 3.

The Criminal Application No. 14/2015 is disposed of in the aforesaid terms.

(M. S. SONAK, J.) Habeeb 2/2