Vijay Namdeorao Pawar And 4 Others v. State Of Mah., Thr. P.S.O. Ps Lohara, Yavatmal Tq And Distyavatmal And Another

29.Cri.APL.No.145.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.145/2020 Vijay Namdeorao Pawar and Ors.

Vs.

State of Maharashtra and Anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. A. Thakare, A.P.P. for Non-applicant/State. CORAM : V. M .DESHPANDE AND AMIT B. BORKAR, JJ.

DATE : 28/07/2021.

1.

Shri J. S. Wankhede, learned counsel for the applicants is absent.

2.

On 11.03.2020 notices were issued to the nonapplicants. Shri J. S. Wankhede, learned counsel for the applicants did not furnish the copy, hence, the notice to the non-applicant No.2 was not issued. On 05.04.2021 when this matter was listed, nobody appeared for the applicants. Still the Court granted two weeks time to remove office objections. In spite of that, the office objection i.e. the supply of the copy was not removed. Then the matter was listed on 27.04.2021. On that day also, the counsel for the applicants was absent. We have observed that on the said date, in spite of grant of time to remove the office objection and to supply copy of the criminal application, no steps are taken by the counsel for the applicants. However, this Court granted further time.

29.Cri.APL.No.145.20 3.

Though sufficient opportunity is given to the counsel for the applicants to remove the office objection i.e. furnishing the copy to the Registry for issuance of notice, as on today, the learned counsel for the applicants has not furnished the copy, consequently the notices are not issued. Today also, counsel for the applicant Shri J. S. Wankhede is absent. It shows that the counsel for the applicants is not interested in prosecuting the matter. Hence, the Criminal Application is dismissed for want of prosecution.

4.

If the application for restoration is filed by the learned counsel for the applicants, the Registry shall not accept the said application unless costs of Rs.2500/- is paid with the High Court Legal Services Sub Committee, Nagpur.

JUDGE JUDGE RGurnule