Bombay High CourtAPPP/666/2016allowed

Shobhram Kawadu Khobragade v. State Of Maharashtra, Through P.S.O. Tirora, Gondia And Another

2016-07-15Hon'Ble Shri Justice Sunil B. Shukre2 pages

1507appp666.16.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO. 666 OF 2016 IN APL NO.494/2015 (Shobhram Kawadu Khobragade Vs. The State of Maharashtra & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shashikant Borkar, Advocate for the applicant. Shri S. D. Shirpurkar, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 15 JULY, 2016 Learned Counsel for the applicant submits that when this matter was dismissed in default, respondent No.2 was not served. He further submits that the learned Counsel for the applicant was engaged in another matter before the Division Bench and that this fact could not be properly communicated to the Court. Learned A.P.P., who appears after waiving the notice for respondent No.1-the State, submits that appropriate orders be passed in the matter.

Since this matter has been dismissed even before respondent No.2 could be served, there is no need to issue notice to respondent No.2 for deciding this application and, therefore, it is dispensed with.

Having considered the submission made before this Court by the learned Counsel for the applicant, I find that sufficient cause has been shown and the application deserves to be allowed. The application is allowed.

Criminal Application (APL) No.494 of 2015 be restored to the original file of the Court and thereafter fresh notice be issued to respondent No.2.

Learned A.P.P. has already waived service of notice for respondent No.1.

JUDGE wwl

1507appp666.16.odt 2/2 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : W.W. Lichade, P.A.

Uploaded on : 16/7/2016