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Bombay High CourtAPPLN/3194/2024application allowed

Charushila W/O Prabhakar Pardeshi v. Prabhakar Gaba Pardeshi

2025-05-05Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:13509

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

45 CRIMINAL APPLICATION NO. 3194 OF 2024 IN ALPST/8821/2024 Charushila W/o Prabhakar Pardeshi

Versus

Prabhakar Gaba Pardeshi .....

Shri. Y. L .Bidve, Advocate for the Applicant Shri. Ajit B. Kadethankar, Advocate for the Respondent .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MAY 05, 2025 PER COURT :- .

This is the Application for condonation of 36 days delay in preferring the Application for Leave to Appeal (ALP) by the Wife against dismissal of her Complaint by the learned Judicial Magistrate First Class, Jalgaon.

2.

The learned Advocate for the Applicant submits that initially the Applicant had preferred the Appeal before the learned Sessions Court and thereafter, when she learnt that the Appeal would be maintainable before this Court, she has preferred the Appeal along with this Application. He submits that due to the said reason, there is delay in preferring the Application and the same may be considered and condoned.

3.

The Application is opposed by the learned Advocate for the Respondent. He tenders across the bar copy of Reply of the Respondent. The same is taken on record and marked as Article ' A'. He submits that the reasons shown for condonation of delay are not sufficient and the Application may be rejected.

4.

On hearing both the sides and for the reasons mentioned in the Application, the aforesaid delay is condoned and the Application is allowed in terms of prayer clause 'B'. Application stands disposed off accordingly.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 07/05/2025 20:04:38