Siddharth Ratilal Mehta v. The State Of Maharashtra

sng appp-860.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.860 OF 2016 IN CRIMINAL APPLICATION NO.1294 OF 2014 Siddharth Ratilal Mehta.

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Applicant.

Vs State of Maharashtra and Another.

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Respondent -- Shri Subir Kumar for the Applicants.

Ms. M.H. Mhatre, APP for the Respondent No.1. -- CORAM :

A.S. OKA & A.A.SAYED, JJ DATED :

17TH OCTOBER 2016 P.C.

1.

Heard the learned counsel appearing for the Applicants. We accept the apology tendered by the applicants in paragraph 5 of the Application. In view of the apology tendered and in view of the averments made in Paragraphs 6 and 7 thereof, a case for restoration is made out.

2.

Accordingly, we dispose of the Application by passing the following order.

ORDER :

(a) Criminal Application No.1294 of 2014 is restored to the file subject to the condition of the Applicants

sng appp-860.16 furnishing spare copy for effecting service of notice to the added Respondent in the said Application within a period of four weeks from today;

(b) If spare copy is not furnished within the stipulated time, the order of dismissal shall stand;

(c) If spare copy is furnished within the stipulated time, notice be issued to the added Respondent in terms of the order dated 23rd March 2016, returnable on 18th December 2016;

(d) The ad-interim relief granted on 23rd March 2016 also stands restored;

(e) It is obvious that the ad-interim relief will stand vacated if spare copy is not furnished within the stipulated time;

(f) The Application is disposed of on above terms. (A.A. SAYED, J) ( A.S. OKA, J )