Rashid Khan Pathan v. State Of Maharashtra Thr. Its Secretary Home Department, Mumbai And And Others

Order 1102appp1249.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) No. 1249/2015 IN CRIMINAL APPLICATION (APPW) NO.162/2015 IN CRIMINAL WRIT PETITION No. 318/2013.

Rashid Khan Pathan -VERSUS1.State 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 & V.M.DESHPANDE, JJ.

DATE : FEBRUARY 11, 2016.

Heard Shri S.R. Narnaware, learned Counsel for the applicant and Shri V.A. Thakare, learned A.P.P. for respondent nos. 1 to 3.

2.

Prayer is to condone delay of two years and twenty days in moving application for restoration of Criminal Writ Petition No. 318/2013, which came to be dismissed in default on 04.09.2013, as objections were not removed.

3.

The applicant has stated that he was bed ridden from 10.07.2013 till 21.10.2015, and therefore could not contact his counsel, and could not give

Order 1102appp1249.15 correct address of respondent no.4.

4.

This Court has issued notice on present application on 27.11.2015. Learned A.P.P. waived notice for respondent nos. 1 to 3 on that day itself. Respondent nos. 1 to 3 have not filed any reply affidavit disputing the assertions on affidavit. 5.

Though respondent no.4 is served, he has chosen not to appear. This Court has on 28.01.2016 granted him opportunity to appear and contest. Thereafter the matter has been listed today.

6.

In this situation as we do not see any malafides, we condone the delay. Office to register Criminal Application No. 162/2015 and list the same before the Court. Criminal Application No.1249/2015 is accordingly allowed and disposed of. No costs. JUDGE JUDGE Rgd.