Krishnarao Aachyutrao Deshmukh And Others v. The State Of Maharashtra And ANR

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO.3484 OF 2017 IN CRIMINAL WRIT PETITION NO.973/2009 KRISHNARAO AACHYUTRAO DESHMUKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr.Thombre S.S.

APP for Respondent/State: Mr.S.Y. Mahajan.

Advocate for R.No.2: Mr.V.M. Humbe.

...

CORAM : V.L. ACHLIYA, J.

Dated: AUGUST 07, 2017 ...

The applicants - original petitioners have moved this application seeking condonation of 177 days' delay caused in filing application and restoration of the petition by recalling the order of dismissal of petition for the reasons set out in the application.

2.

In nutshell, it is contention of the learned Counsel for the petitioners that inadvertently, the matter could not be marked on the date on which it was fixed for hearing and, therefore, the

3484.17crapln advocate could not remain present before the Court. Non appearance of the petitioners and their counsel resulted into dismissal of the petition. He further submits that on 4.7.2017 when the petitioners contacted him, he checked the status of the petition, and came to know that the petition has been dismissed on 16.12.2016 for want of prosecution. He, therefore, filed the application on 9.7.2017. He submits that the petitioners have good case to succeed on merits. He further submits that in case the order of dismissal is not recalled, there is every likelihood that the petitioners may suffer serious consequences.

3.

On the other hand, learned Counsel representing respondent No.2 opposed the application with contention that no sufficient cause has been assigned.

4.

Having appreciated the submissions advanced and reasons assigned in the application, I am of the view that the ends of justice would meet if the application is allowed subject to costs of Rs.5000/- to be deposited by the applicants - petitioners in this Court within one week from the date of this order. Hence, the following order is passed:

: ORDER :

3484.17crapln i) Application is allowed in terms of prayer clauses (A) and (B) subject to deposit of costs of Rs.5000/- by the applicants - petitioners.

ii) On deposit of costs, the petition shall stand restored to its original file. Upon restoration, the petition be listed for hearing on 24th August, 2017.

iii) Registry is directed that on deposit of amount of costs, same be transferred to the Chief Minister's Farmer Relief Fund account specially opened to provide financial aid to the widows and children of the farmers who have committed suicide, in Saving Bank Account No.36977044087, State Bank of India, Main Branch, Fort, Mumbai - 400001, Branch Code: 00300, IFS Code :

SBIN0000300.

iv) Application stands disposed of on above terms.

(V.L. ACHLIYA,J) kadam/