Mukund Natwarlal Kansara v. The State Of Maharashtra And ANR

11-IA-2658-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2658 OF 2022 IN CRIMINAL APPLICATION NO. 1262 OF 2016 Mukund Natwarlal Kansara ...Applicant

Versus

The State Of Maharashtra And Anr.

...Respondents

....

Mr. Bharat K. Manghani, Advocate for the Applicant in Interim Application.

Mr. Asmita Bhoir h/f. Mr. Shailesh Kantharia Advocate for Respondent No.2. in Interim Application.

Mr. S. R. Agarkar, APP for the Respondent - State. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

29th AUGUST, 2022.

PER COURT :

1.

This is an application for restoration of Criminal Application No.1262 of 2016 dismissed for want of prosecution vide order dated 21st June, 2022.

2.

Learned Advocate for the applicant submitted that due to inadvertent error on the part of Advocate, the matter could not be attended which has resulted in dismissal of the application for want of prosecution.

by SAJAKALI LIYAKAT JAMADAR Date:

2022.08.30 18:01:04 +0530 Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR

11-IA-2658-2022.doc 3.

Learned Advocate for respondent No.2 submits that she could not contact her client/respondent No.2 for taking appropriate instructions.

4.

However, considering the reasons stated in the application and the interest of justice, the order dated 21st June, 2022 required to be recalled and the Criminal Application No.1262 of 2016 has to be restored.

5.

Hence, I pass the following order:

ORDER

i.

Interim Application No.2658 of 2022 is allowed; ii.

Order dated 21st June, 2022, dismissed the Criminal Application No.1262 of 2016 for non prosecution is recalled. iii.

Criminal Application No.1262 of 2016 is restored to file along with interim orders.

iv.

Interim Application stands disposed off accordingly. v.

Criminal Application No.1262 of 2016 be listed for hearing in due course.

(PRAKASH D. NAIK, J.) Sajakali Jamadar