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Bombay High CourtAPPW/77/2017others disposed off

Sabhapati Mahavir Mishra v. The State Of Maharashtra And ORS

2017-02-15Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka2 pages

sng apl-77.17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.77 OF 2017 IN CRIMINAL WRIT PETITION NO.285 OF 2016 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Ms. Anjali Awasthi for the Applicant.

Shri K.V. Saste, APP for the Respondent Nos.1 and 3. - CORAM :

A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ DATED :

15TH FEBRUARY 2017 P.C.:

1.

Not on board. Taken on board.

2.

Heard learned counsel appearing for the Applicant and the learned APP for the first and third Respondents.

3.

The Writ Petition filed by the Applicant was dismissed for non-prosecution in view of the conditional order dated 28th September 2016 for non

sng apl-77.17 filing of affidavit of service. The Advocate representing the Applicant has filed personal affidavit recording reasons for failure to file affidavit within the stipulated time.

4.

In view of the averments made in the Application, a case for restoration is made out. Accordingly, the Application is allowed in terms of prayer clause (A).

5.

Place the restored Petition on 29th March 2017. (SMT. ANUJA PRABHUDESSAI, J) (A.S.OKA, J)