Pandurang Devjai Patil v. The State Of Maharashtra And ORS

P.H.Jayani 27 APPW 490.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 490 OF 2017 IN CRIMINAL WRIT PETITION NO. 4341 OF 2015 Pandurang Devaji Patil ....Applicant

Versus

The State of Maharashtra & Anr.

....Respondents Mr. Chetan S. Damre I/b. S.G. Thorat for the applicant. Mr. P.H. Gaikwad, APP for the State.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 15th DECEMBER, 2017 P.C. :

1.

Heard the learned counsels for the respective parties. 2.

By this application, the applicant has sought to condone the delay of 69 days in filing the present application and further sought to recall the order dated 02nd August, 2017 and restore the Writ Petition No. 4341 of 2015 to file.

3.

By order dated 02nd August, 2017, the petitioner was directed to remove the office objections within four weeks failing which the petition was ordered to be dismissed without further reference to the Court.

4.

Mr. Chetan Damre, learned counsel for the applicant has submitted that in paragraph 3, 4 and 5 of the application, the applicant

P.H.Jayani 27 APPW 490.17.doc has given the reasons for not removing the office objections within stipulated time and also for not filing the application on time. 5.

The said reasons, in my considered view, constitute sufficient grounds. Hence, delay in filing the application is condoned. Order dated 02nd August, 2017 is recalled and the Writ Petition No. 4341 of 2015 is restored to file.

6.

Criminal Application No. 490 of 2017 is disposed of accordingly. (SMT. ANUJA PRABHUDESSAI, J.)