Narsingh S/O Pundlik Gathade And Others v. The State Of Maharashtra And Another

1517.14crwp -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1517 OF 2014 1.

Narsing s/o Pundlik Gathade, Age: 58 years, Occ: Nil, R/o. Ring Road, Udgir, Dist. Latur.

2.

Ganpat s/o Maruti Nawade, Age: 60 years, Occ: Nil, R/o. Srinagar Colony, Dist. Latur.

3.

Venkat Pandharinath Bore, Age: Major, Occ: Nil, R/o. Udgir, Dist. Latur.

...Petitioners

versus 1.

The State of Maharashtra, Through City Polic Station, Udgir, Tal. Udgir, Dist. Latur.

2.

Vikas s/o Virendra Tonpe, Age: 34 years, Occ: Business, R/o. Choubara Road, Udgir.

...Respondents

.....

Mr. R.S. Shinde (Borolkar), Advocate for petitioners (Absent) Mr. A.R. Kale, A.P.P. for respondent No.1 Mr. A.R. Gaikwad, Advocate for respondent No. 2 .....

CORAM : N.W. SAMBRE, J.

DATE : 26th APRIL, 2016 ORAL ORDER :

Learned Counsel for the petitioner is absent. Heard Mr. Gaikwad, learned Counsel for respondent No. 2. 2.

It appears that the order of refusal to issue process as

1517.14crwp -2against accused Nos. 2 to 4 was questioned in the revision alongwith application for condonation of delay. The revisional Court ordered condonation of delay upon payment of costs of Rs.500/-. 3.

In my opinion, the order on merit, does not call for interference, particularly when the Additional Sessions Judge has exercised discretion vested in it, by ordering condonation of delay. However, in view of the fact that the period from 07/02/2014 to 16/03/2014, which is available with the respondent, for filing revision, hence costs of Rs.500/- is enhanced to Rs.1500/-. 4.

The additional amount of costs of Rs.1000/- (Rs. One thousand only) be deposited before the revisional Court within a period of four weeks from today.

5.

With the above observations, criminal writ petition stands disposed of, in above terms.

[ N.W. SAMBRE, J. ] Tupe/26.04.16