Central Bureau Of Investigation Anti Corrpution Branch Nagpur v. Harshwardhan Nanoti Income Tax Officer Khamgaon Akola Maharashtra And Another

25appr1.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 01 OF 2025 IN REVISION APPLICATION STAMP NO. 71 OF 2025 Central Bureau of Investigation Nagpur Vs Shri Harshwardhan Nanoti and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. P.K. Sathianathan, counsel for applicant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 10/01/2025.

1.

By this application, the applicant is seeking condonation of delay, which is caused in filing the criminal revision application before this Court, and also challenged the order dated 24/01/2024 passed by the learned Additional Sessions Judge, Khamgaon, whereby the learned Judge rejected the application under Section 311 of Cr.P.C. filed by the prosecution for recalling the witness, namely Shri Shailendra Pursuhottam Deshmukh, for his examination in Special Case No. 04/2024, which is pending for trial.

2.

Learned Special Prosecutor for C.B.I. submitted that the delay caused is not an intentional one. The time was consumed in obtaining the certified copy and thereafter obtaining the approval from the Superior Officer, and therefore, delay is caused. There is just and reasonable cause for condonation of delay.

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25appr1.2025.odt 3.

In view of the reasons mentioned in the application, the application is allowed.

4.

The delay of 7 days in filing the application is condoned.

5.

The revision application be registered. After registration of the revision application, notice be issued to respondent Nos. 1 and 2, returnable after two weeks. [URMILA JOSHI-PHALKE, J.] rkn