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Bombay High CourtAPPLN/2823/2022application allowed

Abdul Sayeed S/O. Abdul Waheed Farooqui v. The State Of Maharashtra And Another

2022-09-19Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rajesh S. Patil2 pages

{1} 24 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2823 OF 2022 IN APPLN/945/2021 ABDUL SAYEED S/O. ABDUL WAHEED FAROOQUI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Shaikh Faiyazuddin APP for Respondent No. 1 : Mr. S.J. Salgare CORAM : SMT. VIBHA KANKANWADI & RAJESH S. PATIL, JJ.

DATE : 19th September, 2022.

ORDER :- 1.

Present application has been filed for condoning delay of 30 days in filing application for restoration of the main application. 2.

Issue notice to respondent No.1 only. Learned APP waives notice for respondent No.1.

3.

No necessity to issue notice to respondent No.2, though by typographical mistake it is stated he is respondent No.3. In view of the fact that the main application came to be dismissed for non-removal of office objections, that means before even original respondent No.2 could be served with any notice and, therefore, that notice is not necessary. 4.

The delay stands condoned for the reasons stated in the application. In fact, two weeks time which was already given by this Court for removing objections was sufficient. Now, the learned advocate

{2} 24 sr.no..odt for the applicant submits that he shall remove the office objections. 5.

On deposit of costs of Rs. 1,000/- to the High Court Legal Aid Services, Sub-Committee, Aurangabad, on or before 26.9.2022, application stands allowed. Office objections be removed by the applicants on or before 10.10.2022.

6.

On these terms, Criminal Application No. 945/2021, stands restored.

( RAJESH S. PATIL, J. ) ( SMT. VIBHA KANKANWADI, J. ) grt/-