Ashish Prakash Mahajan And Others v. The State Of Maharashtra And Another

38-CriAppln-3648-2022 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 38 CRIMINAL APPLICATION NO. 3648 OF 2022 IN APPLN/49/2022 ASHISH PRAKASH MAHAJAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Advocate for Applicants : Ms. Kirti Deshpande h/f Mr. Madhav M. Bhokarikar APP for Respondent No.1-State : Mr. R. D. Dasalkar .....

CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.

DATED : 10 APRIL 2023 PER COURT :- 1.

The applicants are seeking restoration of the main application which is for quashment of a crime, but has been dismissed in default by the order dated 13.09.2022.

2.

Heard learned Advocate for the applicants and the learned APP. 3.

The application has been dismissed in default by observing that none was present on the date and even on few earlier occasions and on the ground that a copy of the charge sheet was not filed in spite of the order. However, though it is matter of record that a leave was

38-CriAppln-3648-2022 -2sought to file a copy of charge sheet, in fact the parties were referred for mediation and the report was awaited.

4.

Considering the aforementioned aspects and the grounds mentioned in the application, the application is allowed and the main application is restored subject to condition that a copy of complete charge sheet would be filed within four weeks. [ABHAY S. WAGHWASE, J.] [MANGESH S. PATIL, J.] vre