Suresh Hanmantrao Talane v. The State Of Maharashtra And Another
2025:BHC-AUG:22188-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 7 CRIMINAL APPLICATION NO. 2300 OF 2025 IN CRIMINAL WRIT PETITION NO.943 OF 2023 SUVARNA MAROTIRAO DEGLURKAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ....
Mr. Sanket Palnitkar Advocate h/f. Mr. S.S. Khoche Advocate for Applicant.
Mr. G.A. Kulkarni, A.P.P. for Resp. No.1.
Mr. Avinash N. Suryawanshi Advocate for Respondent No.2. ....
WITH CRIMINAL APPLICATION NO. 1751 OF 2025 IN CRIMINAL APPLICATION NO.3838 OF 2023 SURESH HANMANTRAO TALANE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Mr. Avinash N. Suryawanshi Advocate for Applicant. Mr. G.A. Kulkarni, A.P.P. for Resp. No.1.
...
CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.
DATE : 13th AUGUST 2025 ORDER :
1.
Criminal Application No.2300 of 2025 has been filed for
condonation of delay of 97 days and for restoration of the matter. The applicant has filed Criminal Writ Petition No.943 of 2023 for quashing of the FIR, however, conditional order came to be passed on 24th January 2025 thereby giving last chance to the petitioner to engage the Advocate of her choice. Till 20th February 2025, the petitioner has not engaged the Advocate of her choice and therefore, by order dated 20th February, the Writ Petition No.943 was dismissed.
2.
We are not much convinced about the reasons given in Para Nos.3, 4 and 5 of the Application, however, now the applicant has engaged Advocate of her choice and want to pursue the matter, therefore, we condone the delay and recall the order dated 20th February 2025, subject to deposit of cost of Rs.10,000/- by the applicants, to the High Court Legal Services Sub-Committee, Aurangabad, within a period of one week. The restoration to take place after the deposit of the cost amount. Accordingly, Criminal Application No.2300 of 2025 stands allowed.
3.
So far as Criminal Application No.1751 of 2025 is concerned, it is for restoration of Criminal Application No.3838 of
2023. It has been pointed out by the learned Advocate for the applicant that as the said application was tagged along with Criminal Writ Petition No.943 of 2023, it was also dismissed, when in fact the original Application is by the applicant against whom the petitioner in Criminal Writ Petition No.943 of 2023 has filed the FIR. Therefore, Criminal Application No.1751 of 2025 stands allowed. Criminal Application No.3838 of 2023 stands restored.
4.
Place both the matters i.e. Criminal Writ Petition No.943 of 2023 and Criminal Application No.3838 of 2023, for further consideration on 15th September 2025.
[SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/AUG25