Sippy Nirmal Patawari v. The State Of Maharashtra And ORS

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.321 OF 2016 IN CRIMINAL REVISION APPLICATION (ST).NO.345 OF 2016 Sippy Nirmal Patawari ...Applicant

Versus

The State of Maharashtra and Ors.

...Respondents

Mr.M.A.Adenwala a/w Ms.Poonam Utekar, for the Applicant. Ms.R.V.Newton, APP for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 20th JUNE, 2016 P.C. :

1.

Heard learned counsel for the applicant.

2.

By this application, the Applicant seeks condonation of delay of 429 days in filing the aforesaid Revision. 3.

Learned Counsel for the applicant submitted that the delay

2/3 taken out by the registry is technical inasmuch as, the applicant had earlier filed a Revision Application being Criminal Revision Application No.269 of 2015 and that the said Revision Application was filed well within limitation. He submitted that the said revision application was admitted by this Court. He further submitted that thereafter the applicant had moved two applications, being Criminal Application Nos.149 and 169 of 2016 seeking amendment of the Revision Application, in particular the prayer clauses in the revision application. He submitted that it is in these circumstances that the applicant withdrew the revision application. He submitted that vide order dated 15th April, 2016, passed in Criminal Revision Application No.269 of 2015, leave and liberty was granted to the applicant to file appropriate proceedings, pursuant to which the aforesaid Revision Application was filed. He submitted that hence the delay is only technical in nature.

4.

Perused the application as well as the order dated 15th April, 2016. For the reasons set out in the application, the delay is condoned. Application is allowed and disposed of as such.

3/3 5.

Criminal Revision Application (St) No.345 of 2016 to be listed for 'admission' on 28th June, 2016.

REVATI MOHITE DERE, J.