Nandlal Balchand Tatiya v. The State Of Maharashtra

7-APPR-155-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.155 OF 2017 IN CRIMINAL REVISION APPLICATION (STAMP) NO.161 OF 2017 NANDLAL BALCHAND TATIYA )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Nilesh Tribhuvan, Advocate for the Applicant. Mr.Ameet Palkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

29th MARCH 2017.

P.C. :

This is an application for condonation of delay in preferring the revision petition challenging the order passed below Exhibit 56 in Special (Atrocities) Sessions Case No.27 of 2014 whereby the learned trial Judge was pleased to allow the application filed by the prosecution under Section 319 of the Code of Criminal Procedure (Cr.P.C.) and had directed issuance of summons against the present applicant.

avk 1/2

7-APPR-155-2017.doc Heard the learned advocate appearing for the applicant as well as the learned APP for the State. Initially, the applicant had preferred Writ Petition bearing no.2422 of 2016 seeking to challenge the order below Exhibit 56 passed by the learned trial Judge but subsequently revision petition came to be filed along with the instant application and there is delay in preferring the revision petition challenging the impugned order.

Thus, it is clear that the applicant was diligent in prosecuting his remedy albeit under wrong provisions of law. Hence, the applicant has established sufficient cause in not approaching this court within the prescribed time. In this view of the matter, the application is allowed. The delay in preferring the revision petition is condoned. (A. M. BADAR, J.) avk 2/2