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Bombay High CourtAPPLN/1728/2023application allowed

Rajesh @ Raju Jambu Adhe v. The State Of Maharashtra And Others

2023-09-04Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

49-Criappl-1728-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1728 OF 2023 IN WP/1295/2022 RAJESH @ RAJU JAMBU ADHE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Abid R. Shaikh h/f Mr. S. N. Deshmukh APP for Respondent No.1-State: Mr. S. P. Deshmukh ...

CORAM

: S. G. CHAPALGAONKAR, J.

DATE :04.09.2023 PER COURT :

1.

The applicant seeks restoration of criminal writ petition no.1295/2022, which has been dismissed vide conditional order dated 23/03/2023.

2.

It appears that the notice of respondents was unserved. The applicant/petitioner was granted three weeks' time to take steps by conditional order. However, the petitioner failed to take steps within the stipulated period. Resultantly, criminal writ petition is dismissed for want of steps.

3.

Learned Advocate appearing for the applicant submits that although he made his efforts to find out the fresh addresses of the unserved respondents, he could not get it within the stipulated period and consequently, criminal writ petition is 1/2

49-Criappl-1728-2023.odt dismissed for want of steps. He submits that, now the applicant has got the fresh addresses of unserved respondents and he is ready to furnish the same for issuance of notice. 4.

Considering the submissions advanced, the application is allowed in terms of prayer clauses - (B) and (C) and the same is disposed of accordingly.

5.

The applicant shall furnish fresh addresses of the unserved respondents and shall take further steps for the service within a period of one week from today. In case of failure, the order dated 23/03/2023 shall govern the proceedings. [S. G. CHAPALGAONKAR] JUDGE Sameer 2/2