Bombay High CourtAPPLN/1457/2024disposed off

Saiprasad @ Sai Tukaram Sontakke v. The State Of Maharashtra And Another

2025-01-27Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:2324-DB 1 APPLN.1457.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

1 CRIMINAL APPLICATION NO. 1457 OF 2024 IN APPLN/2256/2023 SAIPRASAD @ SAI TUKARAM SONTAKKE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Vijay Shivaji Wakale. APP for Respondent / State : Mr. A. R. Kale.

...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

27th January, 2025.

P.C.:

The present application has been filed for recall of the order dated 4th March, 2024 passed in Criminal Application No.2256 of 2023, whereby due to the conditional order the original application came to be dismissed. In the original application, the applicant was directed to supply spare copies for serving respondent No.2. By order dated 4th March, 2024, the conditional order was passed for supply of the copies within two weeks thereafter. The learned counsel for the applicant says that he has supplied the copies but with a wrong number and therefore, it was not treated as compliance in Criminal Application No.2256 of 2023. Now, he is ready to supply the copy for serving respondent No.2 within a period of two weeks from today.

1 APPLN.1457.2024.odt In view of the said statement and assurance, we recall order dated 4th March, 2024 passed in Criminal Application No.2256 of 2023. We direct that Criminal Application No.2256 of 2023 be restored to the original stage.

The applicant to provide spare copy for serving respondent No.2 within a period of two weeks from today. Whereupon, notice be issued to respondent No.2 to be made returnable four weeks thereafter. Criminal Application No.1457 of 2024 stands disposed of. However, we once again make it clear that in case of failure on the part of the applicant to provide the spare copy within a period of two weeks from today, then original application would stand dismissed automatically without further reference to the Court. [ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga