The State Of Maharasshtra v. Jayesh Navalshankar Joshi And ORS

SKN 1/1 519.14-appln.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 519 OF 2014 IN CRIMINAL APPLICATION NO. 68 OF 2019 The State (Through Malad Police Station) ...

Applicant.

V/s.

Mr.Jayesh Navalshankar Joshi and others.

...

Respondents.

Ms.M.H.Mhatre, APP for the applicant.

CORAM :

A.S.OKA AND A.S.GADKARI, JJ.

DATE :

28th February 2019.

P.C. :

As per the affidavit of service tendered today, notice has been served to all the respondents except the respondent No.5/ accused No.5 as whereabouts of the accused No.5 are not known. None appears for the other respondents. Sufficient cause is made out to condone delay of 31 days. The application is allowed in terms of prayer clause (a). 2.

We make it clear that this application stands dismissed for non-prosecution as against the respondent No.5/ accused No.5. We grant liberty to the State to serve private notice to the respondent No.5 and move the Court for restoration of this application as against the said respondent.

(A.S.GADKARI, J.) (A.S.OKA, J.)