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Bombay High CourtAPPLN/3306/2016disposed off

Shaikh Parvez S/O Shaikh Baber v. Ther State Of Maharashtra And ANR

2016-07-01Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

Cri.Appln.No.3306.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3306 OF 2016 IN CRIMINAL WRIT PETITION NO. 1434 OF 2015 Shaikh Sadip s/o Shaikh Babar and others Applicants -VERSUSThe State of Maharashtra and another Respondents Mr. A.P. Gaikwad, Advocate h/f Mr. S.S. Kazi, Advocate for the Petitioner.

Mr. N.T. Bhagat, APP for Respondent No.1/State. ....

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 01/07/2016 PER COURT :

1.

The applicant prayed for condonation of delay of 64 days and for recalling of the order dated 08.03.2016 passed by this Court by which the Criminal Writ Petition No.1434 of 2015 has been dismissed for non removal of office objection.

2.

Learned APP opposes the application.

3.

I have considered the submissions and I have gone through the atu/July.2016

Cri.Appln.No.3306.16.odt application. This Court, by it's order dated 08.03.2016, had directed the dismissal of this petition if office objections are not removed. Said order has been passed before the issuance of notices to the respondents.

4.

Considering the above and for the reasons set out in the application, delay of 64 days is condoned. The order of this court dated 08.03.2016 stands recalled on the condition that the petitioner shall remove all office objections in Criminal Writ Petition No. 1434 of 2015 within a period of three weeks from today. On failure to comply with the above condition, this Criminal Application shall then stand dismissed and this order shall stand recalled by restoring the order dated 08.03.2016.

5.

This Criminal Application is, accordingly, disposed of. ( RAVINDRA V. GHUGE, J.) atu/July.2016