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Bombay High CourtAPPLN/1766/2021application allowed

Amirali S/O. Vazirali Panjwani v. Akhtar Hasan Rizvi And Others

2023-01-19Hon'Ble Shri Justice Kishore C. Sant1 pages

(1) criapln1766.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CRIMINAL APPLICATION NO.1766 OF 2021 IN APEALST/1211/2019 AMIRALI S/O. VAZIRALI PANJWANI

VERSUS

AKHTAR HASAN RIZVI AND OTHERS Mr. Roopa V. Daxini, Advocate for the applicant CORAM : KISHORE C. SANT, J.

DATE: 19th JANUARY, 2023 P. C.

1.

In spite of service none appears for the respondent. 2.

This is an application seeking condonation of delay of 6 days caused in filing the criminal appeal. From the record it is seen that in fact initially criminal writ petition was filed. However, on noticing that criminal writ petition is not maintainable and same was allowed to be converted into the appeal. Since the criminal writ petition was filed in time and only because of technicalities, there appears to be delay that too only of six days. This court feels that same deserves to be condoned. Therefore, the application is allowed. Delay of 6 days stands condoned.

3.

Place the appeal on board on 02-02-2023.

[KISHORE C. SANT, J.] VishalK/criapln1766.21