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Bombay High CourtAPPW/188/2022allowed

Premdeep S/O Nishikant Matlane And Others v. The State Of Maharashtra Through The Superintendent Of Police, Akola And 2 Others

2023-03-01Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Valmiki Menezes2 pages

1 / 2 15.appw188.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPW) NO. 188 OF 2022 IN CRIMINAL WRIT PETITION NO. 607 OF 2016 Premdeep s/o Nishikant Matlane and Ors.

Vs.

State of Maharashtra, Thru. Superintendent of Police, Akola and Ors. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Hemant Suvey, Advocate for applicants.

Mr. M.J. Khan, APP for respondent Nos.1 & 2.

CORAM : VINAY JOSHI, AND VALMIKI SA MENEZES, JJ.

DATE : 01.03.2023.

Heard.

2.

This is an application seeking for restoration of Criminal Writ Petition No.607/2016, which was came to be dismissed for want of prosecution on 12.10.2022 with costs of Rs.5,000/-. 3.

Learned counsel for petitioners' seeks restoration application by contending that the arguing counsel comes from Aurangabad and due to some exigency on the date of proceeding, he was unable to attend. The applicant has deposited the Prity

2 / 2 15.appw188.2022 cost amount of which receipt has been produced. Only with a view that the litigants shall not suffer for the absence of Advocate.

4.

The application is allowed and disposed of accordingly.

5.

Criminal Writ Petition is restored.

Criminal Writ Petition No.607/2016 Issue notice to the respondents, returnable on 23.03.2023.

2.

Mr. M.J. Khan, learned APP waives service of notice on behalf of respondent Nos.1 and 2. JUDGE JUDGE Signed By:PRITY S GABHANE Reason:

Location:

Prity