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Bombay High CourtAPPLN/3083/2024application allowed

Shriram Chandu Rathod And Others v. The State Of Maharashtra And Another

2025-03-28Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:9253

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 956 CRIMINAL APPLICATION NO. 3083 OF 2024 IN REVNST/8519/2024 Shriram Chandu Rathod And Others

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Radikar Akshay Suresh APP for Respondents-State: Mr. S. P. Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

Dated : March 27, 2025.

PER COURT :- 1.

In the instant matter, respondent No.2 is served, and learned Counsel Mr. P. D. Dadpe appeared without filing a Vakalatnama. However, it is stated that Mr. P. D. Dadpe has not received the Vakalatnama. Accordingly, by order dated 13/03/2025, his appearance for respondent No.2 stands discharged. Today, as well, no one has entered an appearance for respondent No.2. 2.

The application for condonation of delay has been filed, seeking condonation of 450 days delay in filing the revision application. The learned Counsel for the applicant submits that the delay of 445 days in filing the Criminal Revision Application is neither intentional nor deliberate. He further submits that applicant No.1 is a public servant serving as a Police Head Constable at Kranti Chowk Police Station, entrusted with crime investigations and the execution of warrants issued by the JMFC Court and the Sessions Court. He was also engaged in Bandobast duty on various occasions, due to which he could not pursue the matter. He asserts that the applicant has a good case on merits.

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956 CA 3083-2024 3.

Considering that the respondent, though served, has not entered an appearance and also considering the reasons stated in the application, the delay stands condoned. The application is allowed. 4.

List the Criminal Revision Petition for hearing on 17/04/2025. ( ARUN R. PEDNEKER, J. ) vj gawade/-.

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