Rohit Devram Wadmare And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:13871-DB

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 6 CRIMINAL APPLICATION NO. 1478 OF 2025 IN APPLN/2532/2024 ROHIT DEVRAM WADMARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ....

Advocate for Applicants : Mr. Prashant M. Nagargoje APP for Respondent No.1-State : Ms. R.P. Gour ....

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

Dated : 08th May 2025 PER COURT :- 1.

The present application has been filed for recalling of the order dated 21st March 2025, passed by this Court in Criminal Application No.2532 of 2024, which was the conditional order and unfortunately, all the applicants could not comply with the same and therefore, the said application was considered as a dismissed. 2.

It is not necessary to issue notice to respondent No.2 as in the main petition also, she was not served when the order dated 21st March 2025 was passed.

3.

Perusal of the order would show that this Court issued the notice to the respondents. Learned APP had waived notice for respondent No.1. That means, respondent No.2 was to be served. The Court took note of the fact that there was office objection which was also in respect of spare copy to be supplied for serving respondent No.2. It appears that the objection regarding the deficit court fees has been complied with on 02.05.2025, when the order stated that all the office objections to be removed on or before 03.04.2025, failing which the application would stand dismissed on 04.04.2025. Thus, the office objection was not removed before 04.04.2025 and the copy was not served to the Public Prosecutor.

4.

Now, Learned Advocate for the applicants is ready to comply with the remaining office objections also and therefore, the application stands allowed and disposed off.

5.

The order passed by this Court on 21st March 2025 stands recalled.

6.

The office objections to be removed by the applicants on or before 13.06.2025.

7.

The applicants to deposit Rs.1,000/- (Rupees One Thousand Only) with the High Court Legal Services Sub Committee, Aurangabad, before the next date.

8.

Place the matter for further consideration on 25.06.2025. [ SANJAY A. DESHMUKH ] JUDGE [ SMT. VIBHA KANKANWADI ] JUDGE asd