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Bombay High CourtAPPA/794/2018

Gautam Kisanrao Mudgal v. The State Of Maharashtra

2018-07-26Hon'Ble Shri Justice A.M. Badar2 pages

(25)APPANo.7942018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.794 OF 2018 IN CRIMINAL APPLICATION NO.88 OF 2017 IN CRIMINAL APPEAL NO.197 OF 2017 Gautam Kisanrao Mudgal ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Ms.Anita Chaware i/b. Mr.Neelesh V. Kalantri, Advocate for the Applicant.

Mr.A.R.Kapadnis, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 26th JULY 2018.

P.C. :

This is an application for restoration of Criminal Application No.88 of 2017, which came to be rejected for want of prosecution on 21st March 2018.

Heard the learned Advocate appearing for the applicant as well as the learned Additional Public Prosecutor appearing for the respondent/State.

Gaikwad RD 1/2

(25)APPANo.7942018 Because of absence of the learned Advocate for the applicant, Criminal Application No.88 of 2017 came to be rejected for want of prosecution. It is seen from the pleadings in the instant application that the learned Advocate for the applicant inadvertently could not attend the Court on 21st March 2018 and, therefore, the application came to be rejected for want of prosecution. Considering the stated reason, the following Order :

ORDER

(i) The application is allowed.

(ii) The Order dated 21st March 2018 in Criminal Application No.88 of 2017 is recalled.

(iii) The said Criminal Application is restored to the file. (iv) The instant application is accordingly disposed of. (A.M.BADAR J.) Raju Dattatraya Gaikwad Raju Dattatraya Gaikwad Date: 2018.07.26 18:00:22 +0530 Gaikwad RD 2/2