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Bombay High CourtAPPLN/4213/2019delay condonatedrejected

Meena W/O. Prakash Pandit v. Gulab S/O. Bhimrao Ingle

2021-09-01Hon'Ble Shri Justice S. P. Tavade2 pages

901.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO.4213 OF 2019 IN ALP/209/2019 MEENA W/O. PRAKASH PANDIT ..APPLICANT

VERSUS

GULAB S/O. BHIMRAO INGLE ..RESPONDENT ...

Advocate for Applicants : Mr. S. A. Gaikwad ....

CORAM : SURENDRA P. TAVADE, J.

DATE : 01.09.2021 PER COURT :- Perused the application. Heard the learned counsel for the applicant. He submits that during the pendency of Summary Criminal Case No. 7793 of 2015 the applicant was met with an accident, therefore, he could not contact his lawyer, in turn the lawyer has fled ' no instruction pursis'. Complaint came to be dismissed. Due to hospitalization and due to illness the applicant could not challenge the order of dismissal of the complaint in time. There is delay of 39 days. Hence it is prayed that it may be condoned.

2.

Perused the application and the reasons given therein. The applicant has sufciently explained the delay caused in preferring this application. Hence the delay is condoned.

901.odt Appeal be registered.

3.

Accordingly application is disposed of.

4.

Issue notice to the respondents returnable after two weeks i.e. on 16.09.2021.

( SURENDRA P. TAVADE ) JUDGE ysk