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Bombay High CourtAPPLN/435/2017

Rajendrakumar Ramniwas Agarwal v. Anju Pawankumar Agarwal And ANR

2018-10-19Hon'Ble Shri Justice A.M. Badar2 pages

905-APPLN-435-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.435 OF 2017 RAJENDRAKUMAR RAMNIWAS AGARWAL )...APPLICANT V/s.

ANJU PAWANKUMAR AGARWAL & ORS.

)...RESPONDENTS Mr.Karan Bhosale a/w. Ms.Aditi Bhargava i/b. NDB Law, Advocate for the Applicant.

Mrs.M.R.Tidke, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

19th OCTOBER 2018 P.C. :

This is an application for condonation of delay of 133 days in filing an application for leave to appeal for challenging acquittal of the respondent no.1 of the offence punishable under Sections 498A and 306 of the Indian Penal Code. Despite service, none appeared for respondent no.1. avk 1/2

905-APPLN-435-2017.doc Heard the learned counsel appearing for the applicant/accused as well as the learned APP appearing for the respondent no.2/State.

Reasons for seeking condonation of delay are found in paragraph 20A. Those are not controverted by filing counter affidavit. In my considered opinion, the reasons so stated constitute sufficient cause, and therefore, the following order :

ORDER

i) The application is allowed.

ii) The delay in preferring the application for leave to appeal is condoned.

iii) The application is accordingly disposed off.

(A. M. BADAR, J.) avk 2/2