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Bombay High CourtAPPR/294/2019allowed

Lankeshwar S/O Sheshrao Hirudkar ( In Jail) v. The State Of Maharashtra Thr. Police Station Officer

2019-09-26Hon'Ble Mrs. Justice Swapna Joshi2 pages

1 appr294.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPR] NO.294 OF 2019 IN CRIMINAL REVISION APPLICATION NO.42 OF 2013 [Lankeshwar s/o Sheshrao Hirudkar .vs. The State of Maharashtra] ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... Shri C.R. Thakur, Advocate for applicant, Shri Amit Chutke, APP for non-applicant.

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CORAM : MRS. SWAPNA JOSHI, J.

DATED : SEPTEMBER 26, 2019.

Heard.

The applicant has filed this application for condonation of delay in filing application for restoration of criminal revision application.

For the reasons stated in the application, I am satisfied that the delay needs to be condoned. Hence, the order. The delay is hereby condoned, subject to costs of Rs.1000/- to be deposited with the Vidarbha Lady Lawyers' Association, Nagpur, within two weeks from today.

The application is allowed and disposed of.

Criminal Application (APPR) No.295/2019 The applicant has filed this application for restoration of criminal revision application.

It is submitted by the learned advocate for the applicant that

2 appr294.19.odt as the applicant was taken into custody by the J.M.F.C. Court at Narkhed, District-Nagpur on 16.9.2019. The summons was issued against the applicant and at that time the applicant came to know that his revision application was dismissed in default. It is submitted that one opportunity may kindly be given to the applicant. On going through the application and the contents therein, I am satisfied about the ground of absence of applicant and his advocate and, therefore, one opportunity needs to be given to the applicant. In view thereof, the following order is passed. The application is allowed and disposed of. Criminal Revision Application No.42/2013 is restored to the file. Criminal Application (APPR) No.296/2019 S.O. next week.

JUDGE Gulande