Bombay High CourtAPPP/1366/2015delay condonatedrejected

Smt. Vinita Vijendra Kalkhore v. State Of Maharashtra, Through The Secretary, Ministry Of Home, Mumbai And Others

2015-12-08Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

appp1366.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPP) NO.1366 OF 2015 IN CRIMINAL APPLICATION (APPW) NO.172 OF 2015 IN CRIMINAL WRIT PETITION NO.646 OF 2015 Smt. Vinita Vijendra Kalkhore ..vs..

State of Mah., thr the Secretary, Ministry of Home, Mantralaya, Mumbai and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri R.S. Renu, counsel for the applicant.

Shri R.S. Nayak, Addl.P.P. for the State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : DECEMBER 8, 2015.

Heard.

Prayer is to condone the delay of 46 days in filing the application for restoration of Criminal Writ Petition No.646 of 2015. That writ petition has been dismissed in default on 1.9.2015.

Learned Addl.P.P. is seeking time to obtain instructions. However, we find the application is supported by personal affidavit of learned counsel and there are no mala fides. As such, we condone the delay.

The criminal application is disposed of as such. .....2/-

appp1366.15 CRIMINAL APPLICATION (APPW) NO.172 OF 2015 Today, we have condoned the delay.

Therefore, the application for restoration of the criminal writ petition is taken up for hearing.

For the reasons recorded while condoning the delay, we recall order dated 1.9.2015.

The writ petition is restored back to file.

Learned Addl.P.P. waives service.

The criminal application is disposed of.

CRIMINAL WRIT PETITION NO.646 OF 2015 Heard.

The matter is restored today back to file. Learned Addl.P.P. has waived notice. The notice was already issued on 10.8.2015. Hence, we place the criminal writ petition for further consideration on 13.1.2016.

JUDGE JUDGE !! BRW !!

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