Acheri Ramakrishnan Nair v. The State Of Maharashtra And ANR

appp-144.17.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.144 OF 2017 IN CRIMINAL APPLICATION NO.444 OF 2016 Acheri Ramakrishnan Nair ... Applicant Vs.

The State of Maharashtra and Anr.

... Respondents Ms. B.R. Mangale i/by Mr. E.A. Sasi for the Applicant. Ms. R.M. Gadhvi, Additional Public Prosecutor for the Respondent No.1. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 14th MARCH, 2017 P.C.

Heard the learned counsel appearing for the applicant and the learned APP for the first respondent. As there was a delay in filing affidavit of service in terms of order dated 23rd September, 2016, the main Criminal Application has been dismissed for non-prosecution. In view of averments made in the application, a case for restoration is made out. Accordingly, application is allowed in terms of prayer clause (a) and (a-1).

The restored Criminal Application No.444 of 2016 shall be listed under the caption of "Fresh Admission" on 13th April, 2017. Adinterim relief which was operative in the said Criminal Application is also restored which will continue to operate till the next date. (ANUJA PRABHUDESSAI, J) (A.S. OKA, J)