Mangesh Raosaheb Golande And Others v. The State Of Maharashtra And Another

912-appln-2378-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2378 OF 2022 IN APPLN/1038/2022 MANGESH RAOSAHEB GOLANDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER . . .

Advocate for Applicants : Mr. Manoj Ramdas Khutwad APP for Respondent - State : Mr. M. M. Nerlikar . . .

CORAM : SMT. VIBHA KANKANWADI AND RAJESH S. PATIL, JJ.

DATED : 20th SEPTEMBER 2022 PER COURT :

Heard learned Advocate for the applicants.

2.

Issue notice to the respondents.

3.

Learned APP waives notice on behalf of respondent No.1. 4.

There is no necessity to issue notice to respondent No.2, in view of the fact that the earlier Application was dismissed prior to the issuance of notice to respondent No.2.

5.

It appears that, this Court had dismissed the Application on the first date of the circulation, in view of the fact that the applicant's Advocate was not present when the matter was called out in both the sessions. 1/2

912-appln-2378-2022.odt 6.

Learned Advocate for the applicants submits that he had filed leave note due to the general check up of his father at Lokmanya Hospital, Pune.

7.

It appears that, the fact that the leave note has been filed was not brought to the notice of this Court. Under such circumstance, when reasonable ground has been shown, the earlier order passed by this Court on 6th July 2022 stands recalled.

8.

Application stands allowed and disposed of.

9.

Criminal Application No. 1038 of 2022 stands restored. (RAJESH S. PATIL, J.) (SMT. VIBHA KANKANWADI, J.) Tandale/- 2/2