Nishikant Thaksen Roopavate v. Kamlakar Mahadev Kedare And ORS.

23.appln316.14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 316 OF 2014 Mr. Nishikant Thaksen Roopwate.

... Applicant.

Versus

Mr. Kamlakar Mahadev Kedare & ors.

... Respondents.

--- Mr. Parag P. Pokale, advocate, advocate for applicant. Mr. Ganesh Mhatre h/f. Mr. Raj J. Khude, advocate for respondent Nos. 1, 2 and 3.

Mrs. A.A. Mane, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : APRIL 4, 2016 P.C.:

Heard the learned Counsel for the applicant and learned APP for State.

Rule. Rule returnable forthwith.

This is an application seeking condonation of delay in filing application seeking leave to file appeal, thereby challenging the Judgment and Order dated 11/09/2007 passed by District Judge-3 and Additional Sessions Judge, Thane in Sessions Case No. 291/2005. Talwalkar 1/2

23.appln316.14.sxw The delay is of 6 years and 257 days. There is no plausible explanation for condoning the delay. The only ground mentioned is that the applicant could not approach this Court due to busy schedule. It is mentioned that the applicant had persuaded the Ministry of Law and Judiciary Department to file appeal against the acquittal. However, his prayer was declined. Moreover, it can be seen that the Law and Judiciary Department had gone through the merits of the matter and they had not seen the merits in the matter. The proposal was refused. Hence, the application seeking condonation of delay deserves to be dismissed in lemini. The application being sans merits, stands rejected. The application is disposed of accordingly.

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