Kiran Vasant Acharekar And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 312 OF 2017 IN CRIMINAL WRIT PETITION No. 5036 OF 2014 Kiran Vasant Acharekar and others.

..Applicants.

Versus

State of Maharashtra & Another.

..Respondents.

Mr. Kunal Waghmare for the Applicants.

Mr. K. V. Saste, APP for the State.

Coram : Ranjit More & Dr. Shalini Phansalkar-Joshi, JJ.

Date : November 21, 2017.

P. C. :

1.

Heard. The above writ petition came to be dismissed for non removal of office objection. The office objection was that spare copy of the petition which was required to be submitted for effecting service on the private Respondent, was not supplied.

2.

Present application is filed for restoration of writ petition to the file. At the time of dismissal of writ petition since Respondent No.2 had not put up his appearance, his presence for the disposal of this application may not be necessary. 3.

The Applicant by making averments in paragraphs 3 to 6, has given explanation for his failure to supply spare copy within time. The explanation, in our view, is satisfactory. In above circumstances, we allow the application in terms of prayer patilsr 1 / 2

clause (a). Writ petition is restored to the file. 4.

The Applicant shall supply spare copy of the petition within three weeks from today. If such spare copy is supplied within the stipulated time, Registry shall issue notice of the writ petition to Respondent No. 2 returnable on 21st December 2017. 5.

Criminal Application stands disposed of.

[Dr. Shalini Phansalkar-Joshi, J.] [RANJIT MORE, J.] patilsr 2 / 2