Priya Dhanaji Patil v. Girish Kesarinath Patil And ANR

Rekha Patil 1 26-APPR-240-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 240 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 286 OF 2017 Mrs. Priya Dhanaji Patil .. Applicant V/s.

Girish Kesarinath Patil and Anr.

..Respondents.

Mr. M.B. Deshmukh for the applicant.

Mr. R.M. Pethe, APP for the State.

CORAM: A.S. GADKARI, J.

DATE : 5th July, 2019.

P.C.:- Not on board. Taken on board.

This is an application for restoration of Criminal Revision Application No. 286 of 2017 which was dismissed for non compliance of directions issued by this Court by its order dated 26th April, 2018.

There is a delay of about 325 days in filing the present application.

Rekha Patil 2 26-APPR-240-2019.odt Mr. Deshmukh, the learned counsel for applicant submitted that the applicant had already annexed necessary documents to the revision application and therefore, was under a bonafided belief that, separate paper-book need not be filed. As this Court had directed the applicant to file paper-book within stipulated period as mentioned in order dated 26th April, 2018 and due to the said non-compliance the revision has been dismissed. Perusal of application would indicate that, sufficient cause for condonation of delay is made out. Mr. Deshmukh, the learned counsel for applicant further submitted that as a matter of fact, the paper-book is ready and same will be filed within a period of two weeks from today in the Registry of this Court. In view of above, application is allowed in terms of prayer clauses (aa) and (b).

The applicant is directed to submit paper-book in the Registry of this Court within a period of two weeks from the date of uploading of present order on High Court Website. ( A.S. GADKARI, J. )