Mahesh Gupta And ANR v. The State Of Maharashtra And ANR

Megha 37_wp_1953_2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1953 OF 2017 Mahesh Gupta & Anr.

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

.....

Mr. Ramesh K. Tiwari for the Petitioners.

Mr. V.V. Gangurde, APP for the Respondent No.1-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 27th NOVEMBER, 2017.

P.C.:- Considering the narrow controversy involved in the Petition, the Petition is heard finally at the stage of admission. 2.

The Petitioner herein had filed an application before the learned Additional Sessions Judge, Borivali, Div., Dindoshi, Mumbai seeking condonation of 18 days delay in filing revision application against the order of issuance of process. The learned Additional Sessions Judge, has dismissed the said application holding that the Applicant had not made out sufficient ground. 3.

Having perused the impugned order as well as considering the grounds raised in paragraph Nos.5(e), 5(f) and 5(g), which in my Megha 1/2

Megha 37_wp_1953_2017.doc considered view constitute sufficient cause, the writ petition is allowed. The impugned order is set aside. The delay in filing the revision application before the learned Sessions Judge, Dindoshi is condoned. The Revision Application be registered and the learned Sessions Judge shall decide the same in accordance with law. (ANUJA PRABHUDESSAI, J.) Megha 2/2