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Bombay High CourtIA/968/2024allowed

Apurva Vilas Patil v. The State Of Maharashtra

2024-03-06Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice N. R. Borkar2 pages

43-IA-968-24 IN WP-4157-21.doc Digitally signed by DINESH SADANAND SHERLA Date:

2024.03.07 14:58:46 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 968 OF 2024 IN WRIT PETITION NO. 4157 OF 2021 Apurva V. Patil ...Applicant/Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. V.V. Tapkir for the Applicant.

Mr. V.A. Kulkarni, APP for the Respondent.

Ms Sampada S. Patil i/b Ms Saili N. Dhuru for the Respondent No.2.

CORAM

:

PRAKASH D. NAIK & N. R. BORKAR, JJ.

DATE :

06.03.2024.

PC:- 1.

This is an application for restoration of Criminal Writ Petition No. 4157 of 2021 which has been dismissed for want of prosecution vide order dated 07.08.2023.

2.

The order dated 07.08.2023 indicates that leave to amend was granted to the petitioner to place on record the copy of charge-sheet within a period of three weeks. It was further directed in the event the order is not complied within stipulated time, the petition would stand dismissed. Since the order was not complied with, the petition was dismissed for want of prosecution.

Dinesh S. Sherla 1/2

43-IA-968-24 IN WP-4157-21.doc 3.

For the reasons stated in the application and in the interest of justice, Writ Petition No. 4157 of 2021 is restored to file.

4.

The petitioner is permitted to carry out the amendment as per order dated 07.8.2023 within period of two weeks. 5.

The Interim Application is disposed of.

(N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dinesh S. Sherla 2/2