Raju Rupchand Jadhav v. The State Of Maharashtra And ORS

by HEMANT CHANDERSEN SHIV Date:

2023.07.07 15:23:04 +0530 HEMANT CHANDERSEN SHIV 5.ia1.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.526 OF 2020 IN CRIMINAL APPLICATION FOR LEAVE TO APPEAL NO.144 OF 2018 WITH CRIMINAL APPLICATION FOR LEAVE TO APPEAL NO.144 OF 2018 Raju Rupchand Jadhav ...Applicant vs.

State of Maharashtra & Ors.

...Respondents

Mr. C. K. Tripathi with Ms. Bhagyashri Gavas for the Applicant. Mr. S. R. Agarkar APP for the Respondent-State. CORAM :S. M. MODAK, J.

DATED :28TH JUNE 2023 P. C. :

INTERIM APPLICATION NO.526 OF 2020 1.

Heard learned Advocate for the Applicant and learned APP for the Respondent-State.

2. Respondent Nos.2 to 5-accused were acquitted by the Court of Additional Sessions Judge, Pune as per order dated 28/11/2017 for the offence punishable under sections 498-A, 306, 504 read with 34 of IPC.

Shiv 1/2

5.ia1.20.doc 3.

Criminal Application No.144 of 2018 was filed by the Applicant for grant of leave. When the matter came before this Court on 14th March 2018, no one was present for the Applicant and hence, it was dismissed for non prosecution. It is claimed that this was only date when the matter had come up before this Court, when learned Advocate for the Applicant was busy before some other Court. So there is good ground for restoration. 4.

Let Criminal Application No.144 of 2018 be restored to file. Application is disposed of.

CRIMINAL APPLICATION FOR LEAVE TO APPEAL NO.144 OF 2018 5.

The first informant is father of the deceased and Respondent Nos.2 to 5-accused are relatives inter se. The offence is registered under sections 498-A, 306, 504 read with 34 of IPC. 6.

Hence, notice be issued to the Respondents, why special leave should not be granted, returnable on 2nd August 2023. Learned APP waives notice. Private notice is allowed. Service affidavit be filed.

[S. M. MODAK, J.] Shiv 2/2