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Bombay High CourtAPPLN/1955/2024disposed off

Asha Santosh Jadhav @ Asha Shahaji Bhagade And Others v. The State Of Maharashtra And Another

2024-08-29Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:20069-DB cran 1955.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CRIMINAL APPLICATION NO. 1955 OF 2024 IN APPLN/3498/2023 Asha Santosh Jadhav @ Asha Shahaji Bhagade And Others

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Tejas A. Pradhan h/f S.S. Thombre APP for Respondents: Mr. S S Dande CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ.

Dated : August 29, 2024 PER COURT :- 1.

Heard learned advocate for the applicants.

2.

Present application has been filed for condonation of 34 days caused in filing the application for restoration of criminal application no.3498 of 2023, which came to be dismissed in view of the order dated 5.2.2024.

3.

From the record of criminal application 3498 of 2023, it can be seen that though respondent no.2 was served, he failed to appear and, therefore, now it is not necessary to issue notice in respect of present application to respondent no.1. 4.

In view of the reasons given in paragraph nos.4 and 5 of the application, delay stands condoned. Application no.1955 of 2024 stands allowed and disposed off.

cran 1955.24.odt 5.

The Criminal application No.3498 of 2023 stands restored to it's original position.

6.

It appears that though leave was granted to carry out the amendment and place copy of the charge-sheet was given, said order could not be complied with by the learned advocate for the applicants.

7.

It is stated that due to inadvertence, it could not be carried out. Now, learned advocate for the applicants undertakes to carry out the amendment and would place copy of the charge-sheet on record.

8.

In view of the said statement, now amendment be carried out and copy of the charge-sheet be produced on record within a period of two weeks from today. Copy of the same be given to the respondent no.1.

9.

Issue notice to the Respondent no.2 after carrying out of the amendment and placing of copy of the charge-sheet, to be made returnable on 14.10.2024.

( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...

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