Sanjay S/O Mukundrao Deshmukh And Another v. State Of Maharashtra, Thr. P.S.O. P.S. Jalalkheda, Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) No. 1197/2016 WITH CRIMINAL APPLICATION (APPW) No. 133/2016 IN CRIMINAL WRIT PETITION NO. 252/2016.

Sanjay Mukundrao Deshmukh and others.

-VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : OCTOBER 19, 2016.

Heard Y.N. Nayyar, learned Counsel for the applicants, Shri M. Khan, learned A.P.P. for non-applicant nos. 1 and 2 and Shri S. Borkute, learned Counsel for non-applicant no.3. 2.

Criminal Writ Petition No. 252/2016 came to be dismissed in default on 05.07.2016, as counsel for applicants/petitioners could not remain present. An application seeking condonation of delay of 25 days in moving an

application seeking restoration of said writ petition, is, filed. The same is supported by affidavit of applicant. Reason given is, counsel was unable to remain present within time.

3.

Though learned counsel appearing on behalf of non-applicants are opposing the prayers, as we do see any malafides, we condone the delay and for same reasons, allow restoration application also. Accordingly by recalling order dated 05.07.2016, Criminal Writ Petition No. 252/2016 is restored back to file.

4.

Both the applications are accordingly allowed. No costs.

JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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