Bombay High CourtAPPP/1170/2016allowed

Parmeshwar Siddharth Wankhade (In Jail) v. State Of Maharashtra Through Divisional Commissioner, Amravati And Another

2016-09-07Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRI. APPLICATION (APPP) NO.1170 OF 2016 AND RESTORATION APPLICATION (CRI) NO.129 OF 2016 AND CRI. WRIT PETITION NO.316 OF 2016.

(PARMESHWAR SIDDARTH WANKHADE..VS.. STATE OF MAH. THR. DIVL. COMMISSIONER, AMRAVATI & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Yogita N. Thengre/Kuthe, Advocate (appointed) for Petitioner. Shri Nitin Rode, A.P.P. for Respondents /State. CORAM : B.P.DHARMADHIKARI AND A.S.CHANDURKAR, JJ.

DATED : SEPTEMBER 07, 2016.

Criminal Writ Petition No. 316 of 2016 filed by the petitioner was dismissed for non-removal of the office objections as per conditional order dated 5th July, 2016. Criminal Application No. 1170 of 2016 is for condoning delay of 6 days in moving the application for its restoration, while Restoration Application (Cri.) No.129 of 2016 is to restore that writ petition back to the file.

The learned A.P.P. is opposing the prayer for condonation of delay.

However, the reasons for condonation of delay appear to be genuine and are supported by proper affidavit of the learned counsel.

2 appp1170.16 In this situation, we condone the delay and also allow the restoration application No.129 of 2016. Accordingly, the order dated 19th July, 2016 is recalled. Criminal Writ Petition No.316 of 2016 is restored back to the file.

WRIT PETITION NO. 316/2016.

Issue notice, returnable on 10th October, 2016. Learned A.P.P. Shri Nitin Rode waives notice for the respondents.

The objections be removed in the meanwhile. If the objections are not removed, the matter shall stand dismissed automatically, without reference to the Court. JUDGE JUDGE RRaut..

3 appp1170.16 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 07/09/2016.

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