Bombay High CourtAPPR/82/2017others disposed off

Dr. Omprakash S/O. Brijmohan Chitarkha v. State Of Maharashtra Thr. Dr. Satish Jaiswal Auth. Officer Appointed By Civil Surgeon Under Pcpndt

2017-08-07Hon'Ble Shri Justice V.M. Deshpande2 pages

appr82.17 5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPR) NO.82 OF 2017 Dr. Omprakash s/o Brijmohan Chitarkha ..vs..

State of Maharashtra, through Dr. Satish Jaiswal, Authorized Officer appointed by Civil Surgeon under PCPNDT Act.

....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri N.R. Tekade, Counsel for the applicant.

Shri J.Y. Gurdey, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : AUGUST 7, 2017.

Heard learned counsel Shri N.R. Tekade for the applicant.

The present application for condonation of delay is required to be filed by the present applicant since there is a delay of 66 days in filing the criminal revision application. In the criminal revision application, challenge is to order passed by learned Sessions Judge at Gondia dated 23.11.2016 whereby learned Sessions Judge at Gondia condoned the delay in filing the appeal on behalf of the State. Learned Sessions Judge has not decided the issue on merits. Learned Sessions Judge has only condone the delay. Submission of learned counsel Shri N.R. Tekade .....2/-

appr82.17 5 for the applicant, in the present criminal revision application, is kept open in respect of maintainability of the appeal before learned Sessions Judge.

Learned counsel Shri N.R. Tekade for the applicant submits that he wishes to withdraw the present criminal application along with the criminal revision application.

Permission granted.

The present criminal application and the criminal revision application are disposed of as withdrawn keeping the contention of learned counsel Shri N.R. Tekade for the applicant open in respect of the maintainability of the appeal filed by the State before the Sessions Court.

Learned Sessions Judge is expected to decide the said issue on its own merits.

With this, the criminal application and the criminal revision application are disposed of as withdrawn. JUDGE !! BRW !!

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