Sanjay Appaso Swami v. The State Of Maharashtra

ssm 85-ia4566.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4566 OF 2023 IN CRIMINAL WRIT PETITION NO. 3037 OF 2015 Sanjay Appaso Swami .....Applicant Vs.

The State Of Maharashtra .....Respondent Mr. Niranjan S. Mundargi for the Applicant.

Ms. Mahalakshmi Ganpathy APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 15th DECEMBER, 2023.

P.C.:- 1) This is an Application in a disposed off Petition for amendment in the number of case i.e. C.C. No.93 of 2011 mentioned in the pleadings and prayer clauses of the Petition.

2) Mr. Mundargi, learned Advocate for the Applicant submitted that, it was an inadvertent error in writing/typing the C.C. No. 93 of 2011 in the pleadings and prayer clauses of the Petition instead of R.C.C. No.739 of 2011 which was pending on the file of learned Chief Judicial Magistrate, Kolhapur and therefore the same error has continued to remain on record. 1/2

ssm 85-ia4566.23.doc 2.1) He submitted that, as a consequence thereof, while disposing off the said Petition by this Court by its Judgment dated 6th November, 2023 in para Nos.1 and 7 thereof, the C.C. No.93 of 2011 has been mentioned. He therefore seeks leave to amend the pleadings and prayer clauses to that extent.

3) Perusal of Application would indicate that, sufficient cause is made out to allow the amendment even after disposal of the Petition. 4) Amendment be carried out within a period of one week from the date of uploading of the present Order on the official website of the High Court.

5) In view thereof, Application is allowed in terms of prayer clause (a).

(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) SANJIV SHARNAPPA MASHALKAR Date: 2023.12.26 11:49:13 +0530 SANJIV SHARNAPPA MASHALKAR 2/2