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Bombay High CourtAPL/716/2024dismissed

Shivaji @ Shiva S/O Vijay Akkewar v. The State Of Maharashtra Thr. Pso, Ps, Manora, Dist. Washim And Another

2025-03-10Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice Pravin S. Patil2 pages

4 APPP-1627-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NOS.1627 OF 2025 AND 1628 OF 2025 IN CRIMINAL APPLICATION (APL) NO.716 OF 2024 (D) [Shivaji alias Shiva S/o Vijay Akkewar ..Vs.. State of Maharashtra and Another] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr S. S. Taram, Advocate for Applicant.

Mr M. J. Khan, APP for Non-Applicant/State.

CORAM

: URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ.

DATE :

3 rd SEPTEMBER, .

1.

Heard.

2.

By this application, the applicant is seeking to condone the delay of 120 days caused in preferring the application for restoration of original application.

3.

Learned counsel for the applicant submitted that due to non-removal of the office objection, the original application was dismissed. The applicant was not aware about the dismissal of the original application and therefore, delay is caused. There is no intention to cause the delay. 4.

Learned Additional Public Prosecutor strongly opposed the application on the ground that there is no sufficient reason to condone the delay.

5.

On hearing both the sides and on perusal of the application, the reason mentioned in the application appears to be reasonable and just one. Therefore, the delay of 120 days caused in preferring the application for restoration of original application is hereby condoned subject to payment of costs of Rs.1,000/- to be paid to Library at Government Pleader's Office, High Court, Nagpur.

4 APPP-1627-2025 6.

The application be restored at its original stage. The applicant shall remove the office objection within two weeks. 7.

Accordingly, both the applications are disposed of. 8.

Stand over after two weeks.

(NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.) Tambe.