Central Bureau Of Investigation Anti Corruption Branch, Nagpur v. Smt. Yogeeta Vijay Patel
2025:BHC-NAG:2712
(1) 25.APPR.171.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.171 OF 2024 IN CRIMINAL REVISION APPLICATION STAMP NO.6075 OF 2024 Central Bureau of Investigation, Anti Corruption Branch, Nagpur Vs.
Smt. Yogeeta Vijay Patel and another -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Bhavana Pandey, Counsel h/f Mr. Prashantkumar Sathianathan, Counsel for the applicant.
Mr. V. G. Tiwari, Counsel for the non-applicant No.1. Mr. W. T. Mathew, Counsel for the non-applicant No.2. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 05/03/2025 1.
The application is for condonation of delay.
2.
Learned Special Prosecutor for the applicant submitted that the applicant has challenged the order passed by the learned Special Judge, CBI Nagpur in Special Criminal Case No.5/2024, pending before the Special Judge, CBI Nagpur. Learned Special Prosecutor for the applicant submitted that before challenging the said order, he has to seek approval from the superior officers wherein the time was consumed and therefore, the delay of 58 days was caused.
(2) 25.APPR.171.2024 3.
The said application is strongly opposed by the learned Counsel for the non-applicant No.1 on the contention that there is no sufficient and satisfactory reason for condonation of delay and hence, the application deserves to be rejected.
4.
The learned Counsel for the non-applicant No.2 has no objection for condonation of delay. 5.
On hearing both sides and on perusal of the recitals of the application, it reveals that after receipt of the application, the officer from the CBI office, Nagpur approached to the superior Officers and legal department thereafter, the legal department has obtained the opinion of legal Advisor and thereafter, the approval was granted. Thus, the time was consumed in this approval and the other formalities and therefore, delay was caused.
6.
Considering the reason mentioned in the application, there is a satisfactory reason for the condonation of delay. In view of that, I proceed to pass following order.
ORDER
(i) The application is allowed.
(ii) The delay of 58 days is hereby condoned.
(iii) Revision Application be registered.
The application is disposed of.
(3) 25.APPR.171.2024 CRIMINAL REVISION APPLICATION STAMP NO.6075 OF 2024 1.
Learned Counsel Mr. Tiwari, waives notice for the non-applicant No.1.
2.
Learned Counsel Mr. Mathew, waives notice for the non-applicant No.2.
3.
Learned Counsel for the non-applicant No.1 seeks time to file reply.
4.
Stand over after two weeks.
(URMILA JOSHI-PHALKE, J.) Sarkate