Mr. Bhushan S/O Vijayrao Chauhan v. State Of Mah. Thr Pso, P.S. Kotwali, Nagpur And Another

2025:BHC-NAG:13558

(1) 904.apl.393.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.2490 OF 2025 IN CRIMINAL APPLICATION (APL) NO.393 OF 2018(D) Bhushan s/o Vijayrao Chawhan Vs.

State of Maharashtra, through Police Station Officer, Kotwali, District Nagpur and another -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. S. H. Bhagat, Advocate for applicant.

Ms. S. V. Kolhe, APP for non-applicant No.1/State. CORAM : URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ.

DATED : 27/11/2025 1.

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

2.

It is submitted by the learned counsel for the applicant that due to the inadvertence of the applicant, and since he was unaware about the intricacies of law he could not appear before the Court or appoint any counsel on his behalf and therefore, the matter was dismissed. There is a reasonable and justifiable reason for condonation of delay, in view of that, the delay be condoned.

3.

The said application is strongly opposed by the State as well as the non-applicant No.2, on the ground that there are no justifiable and substantial reasons mentioned by the

(2) 904.apl.393.2018 applicant and therefore, the application deserves to be rejected.

4.

On hearing both sides and on perusal of the record it reveals that due to the absence of the present applicant, the application came to be dismissed. Considering that the applicant is a layman and not aware about the laws, and well settled law is that while considering the delay condonation application, the Court has to see whether there is just and reasonable cause for condonation of delay and there has to be liberal approach and pedantic approach is not appreciated. In view of that, the reasons mentioned in the application, the delay condonation application is allowed. The delay is condoned.

5.

The application is disposed of.

(NANDESH S. DESHPANDE, J) (URMILA JOSHI-PHALKE, J) Sarkate