Shakuntala Eknath Sose v. The State Of Maharashtra And ANR

(913)APPPNo.882017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.88 OF 2017 IN CRIMINAL APPLICATION NO.425 OF 2016 Shakuntala Eknath Sose ...

Applicant V/s.

The State of Maharashtra & Anr.

...

Respondents .....

Mr.Chetan Patil i/b Mr.Subhash Hulyalkar, Advocate for the Applicant.

Mr.S.V. Gavand, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 30th NOVEMBER 2017.

P.C. :

Heard the learned Advocate appearing for the applicant as well as the learned Additional Public Prosecutor appearing for the respondent/State.

This is an application for restoration of Criminal Application No.425 of 2016 by which the applicant had sought for transfer of Criminal Case No.589 of 2014 from the Court of the learned Judicial Magistrate First Class, Junnar, District Pune to the Court of Metropolitan Magistrate, Mumbai. Though respondent No.2 is a private person, no notice is required to be issued to Gaikwad RD 1/2

(913)APPPNo.882017 respondent No.2 for the simple reason that when the Criminal Application No.425 of 2016 was dismissed in default he was neither noticed nor he had appeared before the Court suo moto. Considering the fact that the Criminal Application bearing No.425 of 2016 was dismissed in default as none appeared for the applicant when the matter was called out for hearing, I see no reason to refuse prayer for restoration of the said application. Hence, the Order :

(i) Criminal Application bearing No.425 of 2016 is restored to the file by recalling the Order dated 13th January 2017 dismissing it in default.

(A.M.BADAR J.) Gaikwad RD 2/2