Bombay High CourtAPPA/521/2016delay condonatedrejected

Sau. Nayana W/O Narayan Irabtanwad v. State Of Maharashtra, Through P.S.O. P.S. Washim And Another

2016-11-29Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.521 OF 2016 IN CRIMINAL APPEAL NO.129 OF 2015 Sau. Nayana W/o Narayan Irabtanwad ..vs..

State of Maharashtra, thr Police Station Officer, Police Station Washim and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.V. Sirpurkar, counsel for the applicant. Mrs. N.R. Tripathi, Addll.P.P. for non-applicant No.1/State.

CORAM

: B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ.

DATED : NOVEMBER 29, 2016.

Heard learned counsel Shri S.V. Sirpurkar for the applicant and learned Additional Public Prosecutor Mrs. N.R. Tripathi for non-applicant No.1/State.

The victim of the crime seeks condonation of delay of 156 days in filing the criminal appeal under Section 372(2) read with Section 378(4) of the Criminal Procedure Code.

The reasons are supported by affidavit and though non-applicant No.2 is served, he has chosen not to appear.

Learned Additional Public Prosecutor Mrs.

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Nandita Tripathi states that the State Government has not filed any appeal in the matter.

The application shows that the applicant was under impression that the State Government was about to file appeal challenging acquittal of nonapplicant No.2. As we do not see any mala fide, we condone delay.

The criminal application is disposed of as such.

Place the proceedings for further consideration.

JUDGE JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

Uploaded by : Bhushan R.Wankhede.

Uploaded on :- 30/11/2016 (Personal Assistant) ...../-