Nitesh S/O Babanrao Sukte v. Kanchan W/O Nitesh Sukte And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3794 OF 2024 IN REVNST/10022/2024 Nitesh S/o Babanrao Sukte ....Applicant

VERSUS

Kanchan W/o Nitesh Sukte & another .....Respondents .....

Mr. Amit Tandulkar, Advocate holding for Mr. Gajanan Kadam, Advocate for Applicant.

CORAM : ADVAIT M. SETHNA, J.

DATE : 19 JULY, 2025.

P. C. :

1.

This Application is preferred by the Applicant (husband) for condonation of delay caused in filing the Revision Application. 2.

The Criminal Revision Application is filed against the impugned judgment and order dated 28 June 2023 in Petition ER No. 22/2023 passed by the learned Judge, Family Court, Parbhani. It appears that there is delay of 330 days in filing the said Criminal Revision Application. At this stage, it may be pertinent to note that the office record confirms that the Respondents are duly served. Not just that, but there is also appearance of Advocate Mr. Khandare on record representing the Respondents.

3.

Having perused the said Criminal Application, it appears that the impugned judgment and order has been passed ex-parte. It has

- 2 - criappln3794.24.odt been stated that the Applicant was completely unaware of such proceedings as also passing of the impugned order. It is only when on 17 April 2024 when the parents of the Applicant received a phone call from the police station they came to know about issuance of warrant against the Applicant. Before that they were completely unaware of such proceedings.

4.

Considering the averments made in the Application, in my view, in the interest of justice, the delay of 330 days deserves to be condoned as the same is properly explained and sufficient case has been made out. Hence, the following order :-

ORDER

Criminal Application No. 3794/2024 is Allowed in terms of prayer clause 'B' and stands Disposed of accordingly.

( ADVAIT M. SETHNA, J.) dyb