Bombay High CourtAPPP/1037/2018allowed

Madhukar Sailu Kusma v. State Of Mah. Thru. Secty. And 10 ORS.

2018-07-27Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

277appp1037.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (APPP) No.1037 of 2018 in Criminal Application (APPW) No.131 of 2018 in Criminal Writ Petition No.578 of 2007 (D) (Madhukar s/o. Sailu Kusma vs. State and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.H.P.Lingayat, Advocate for the petitioner/applicant. Mr.S.J.Kadu, A.P.P. for respondents/State.

CORAM

: P. N. DESHMUKH & M. G. GIRATKAR, JJ.

DATE : 27.7.2018.

Heard.

Issue notice to the respondents.

Mr.S.J.Kadu, learned Additional Public Prosecutor waives notice on behalf of respondents. This is an application for condonation of delay of 38 days caused in filing of Misc. Civil Application (APPW) No.131 of 2018 for restoration of Criminal Writ Petition No.578 of 2007 which came to be dismissed in default by order of this Court dt.13.4.2018.

Learned Counsel for the applicant submits that he has good case on merits. For the grounds mentioned in para 3 of the application, delay is found to be satisfactorily explained; therefore, condoned. The application is allowed. Misc. Civil Application (APPW) No.131 of 2018 Heard.

277appp1037.18 2/2 Issue notice to the respondents.

Mr.S.J.Kadu, learned Additional Public Prosecutor waives notice on behalf of respondents. This application is for restoration of Criminal Writ Petition No.578 of 2007 dismissed in default by order of this Court dt.13.4.2018. For the grounds mentioned in para nos. 3 and 4 of the application, case is made out for restoration of the Criminal Writ Petition. Therefore, Misc. Civil Application No. 131 of 2018 is allowed. Criminal Writ Petition No.578 of 2007 is restored on the file of this Court.

JUDGE JUDGE *jaiswal