Milind Prakash Sadar v. Pso Ps Channi Tah.Patur Dist.Akola And Another

903 apl1216.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NO. 420 OF 2022 IN CRIMINAL APPLICATION (APPP) NO. 417 OF 2022 IN CRIMINAL APPLICATION (APL) NO. 1216 OF 2021 IN Milind Prakash Sadar Vs. State of Maharashtra and another _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri R.B. Dhore, Advocate for applicant.

Shri S.M. Ghodeswar, APP for non-applicant no.1/State. CORAM : V.M. DESHPANDE AND AMIT BORKAR, JJ.

DATE : 25 th MARCH, 2022.

Criminal Application No.420 of 2022 is for condonation of delay in filing the Criminal Application No.417 of 2022 for restoration of application i.e. Criminal Application (APL) No.1216 of 2021, which was dismissed for want of prosecution.

2.

Heard Shri R.B. Dhore, learned counsel for the applicant.

3.

Though this applications are coming for the first time in our view these applications can be disposed of today. 4.

Learned counsel for the applicant makes a solemn statement before the Court that in Criminal Application (APL) No.1216 of 2021 even notices were not issued by this

903 apl1216.21.odt Court. He submits that on 10.12.2021, this application was listed along with other connected matters before this Court (Coram : Sunil B. Shukre and Anil L Pansare, JJ.), for non removal of office objections the conditional order was passed. However, since conditional order could not be complied with by the applicant the application is dismissed for want of prosecution.

5.

After hearing the learned counsel and after having gone through the contents of both these applications, we are of the view that no prejudice will be caused to any of the non-applicants if these applications are allowed. Hence we pass following order:

ORDER

(i) Criminal Application (APPP) No.420 of 2022 is allowed. Delay of 18 days in filing the application for restoration is condoned.

(ii) Criminal Application (APPP) No.417 of 2022 is hereby allowed.

(iii) Criminal Application (APL) No.1216 of 2021 is restored to the file subject to undertaking given by the learned counsel for the applicant that he will remove office objections within two weeks from today.

JUDGE JUDGE Wagh Signed By:SURESH RAOSAHEB WAGH Personal Assistant to the Hon'ble Judge