Subhash S/O Venkatesh Ghogare v. The State Of Mah. Thr. Ps Sonegaon Tal. And Dist.Nagpur And Another

1 16appp340.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 340/2023 IN CRIMINAL APPLICATION (APL) NO. 1501/2022 (D) (Shri Subhash S/o. Venkatesh Ghogare Vs. State of Maharashtra & anr.) with CRIMINAL APPLICATION (APPP) NO. 339/2023 IN CRIMINAL APPLICATION (APL) NO. 1501/2022 (D) (Shri Subhash S/o. Venkatesh Ghogare Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. T. Bhautik, Advocate for applicants.

Mr. N. R. Rode, APP for non-applicant No.1.

CORAM: VINAY JOSHI AND BHARAT P. DESHPANDE, JJ.

DATED : 06/03/2023.

Heard.

2.

The learned counsel appearing for applicant is seeking for condonation of delay and for restoration of Criminal Application (APL) No. 1501/2022 which was dismissed in consequence of order of this Court dated 07.12.2022. Initially, this Court has issued notice for final disposal with a rider that the applicant was directed to remove office objection within stipulated period, failing which matter will be dismissed.

3.

It is applicant's contention that during interregnum, the applicant's counsel was busy and his associates was suffering from health problem and that is why they were unable to remove office objection. The delay is of 19 days. According to the applicant, the delay is of marginal and it was unintentional.

2 16appp340.23 4.

Having regard to the above facts, the delay stands condoned, the appeal is restored on the same stage with a riders that the applicant shall remove office objection within one week from today.

5.

On restoration, issue fresh notice to the respondents.

6.

Both applications stands disposed of.

( BHARAT P. DESHPANDE , J.) (VINAY JOSHI, J.) Gohane Digitally signed by JITENDRA BHARAT GOHANE Date:

2023.03.06 18:18:51 +0530 JITENDRA BHARAT GOHANE