Shivaji Dnyanu Holkar v. Muktabai Shivaji Holkar And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 180 OF 2015 IN CRIMINAL WRIT PETITION NO. 715 OF 2006 Shivaji Dnyanu Holkar.

... Applicant.

Versus

Muktabai Shivaji Holkar & anr.

... Respondents.

--- Mr. Rahul Shinde h/f. Mr. Vijaykumar R. Garad, advocate for Applicant.

Ms. V.S. Mhaispurkar, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : SEPTEMBER 22, 2015 P.C.:

The Writ Petition is of the year 2006. On 25/6/2013 Writ Petition was dismissed for want of prosecution. The application seeking restoration of the said Writ Petition is filed on 18/3/2015. No efforts were taken to take up the matter on board. The original proceedings are of the year 2001. The ground raised in the application seeking restoration is that there was miscommunication 1/3

between the applicant and his earlier advocate. The petitioner is challenging the order passed under Section 125 of the Code of Criminal Procedure, 1973. Section 125 of the Code of Criminal Procedure, 1973 is benevolent legislative. The application filed seeking condonation of delay does not even show the number of days to be condoned. No case is made out for restoration. The application for restoration stands dismissed and disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order.

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