Bombay High CourtAPL/89/2022allowed

Imaranulla Khan Azharulla Khan Patel v. State Of Mah. Thr. Pso Akot (Rural) Tq.Akot Dist.Akola

2022-01-25Hon'Ble Shri Justice Avinash G. Gharote2 pages

29apl89.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 89/2022 Imaranulla Khan Azharulla Khan Patel ...Versus... State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. V.R.Deshpande, Advocate for the applicant Mr. S.A.Ashirgade, APP for respondent/State.

CORAM : AVINASH G. GHAROTE, J.

DATE : 25/01/2022 1] Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2] Mr. Ashirgade, learned APP upon instructions submits that the impugned order is required to be set aside and the matter be remanded back to the learned Sessions Court, Akot, as, by inadvertence, the facts of some other matter appeared to have been taken into consideration in the matter of deciding the application of the applicant. 3] Accepting the submissions of learned APP, the impugned order dated 23.09.2021 passed by the learned Additional Sessions Judge, Akot, below Exh. 1 in Misc. Criminal Application No. 23/2021 (page 45, Annexure-X), which rejects the plea for corrections in the order dated

29apl89.22.odt 14.10.2019 is hereby quashed and set aside and the matter is remanded back to the learned Sessions Court for reconsideration of the application for correction dated 7.8.2021.

4] Considering the nature of the application, the learned Sessions Court is requested to decide the same within a period of two weeks from the date of receipt of this order. 5] The application is accordingly allowed in the above terms. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: