Malti Sadashiv Bhange v. The Senior Police Inspector Sonegaon Ps Nagpur And Another

13appr210.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 210 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 35 OF 2021 Malti Sadashiv Bhange Vs The Senior Police Inspector Sonegaon Ps Nagpur And Another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. T. A. Mirza, counsel for applicant.

Mrs. Swati Kolhe, APP for non-applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 28/01/2025.

1.

By this application, the applicant is seeking condonation of delay, which is caused in filing the restoration application.

2.

Learned counsel for the applicant submitted that initially, the applicant had engaged another counsel, who had not informed and also failed to appear in the matter; therefore, the matter is dismissed in default. The applicant came to know about the same in the second week of September 2024, and thereafter, he has engaged another counsel.

3.

In view of the reasons mentioned in the application, the application is allowed. The delay of 59 days is condoned. 4.

The criminal application (APPR) No. 210/2024 is disposed of subject to the cost of Rs. 2000/-. rkn

13appr210.2024.odt 5.

The costs of Rs. 2,000/- be deposited with the Vidharbha Lady Lawyers Association, Nagpur.

CRIMINAL APPLICATION (APPR) NO. 211/2024 1.

By this application, the applicant is seeking restoration of Criminal Revision Application No.35/2021. 2.

In view of the reasons mentioned in the application, the applicant has engaged the another counsel, who had not engaged the matter and also not informed to the present applicant. He has also not taken any steps and therefore, matter was dismissed-in-default.

3.

Considering the reasons mentioned in the application, which appear to be just and reasonable. The revision application is restored at its original stage. The applicant shall remove the office objection immediately after restoration, at its original stage. In view of that, I proceed to pass following order.

a] The criminal application is allowed.

b] The criminal revision application No. 35/2021 is restored at its original stage.

c] Learned counsel for the applicant shall comply by furnishing the translated copy of the impugned order within one week after its restoration.

4.

Application is disposed of.

[URMILA JOSHI-PHALKE, J.] rkn