Machhindra Apasaheb Patil And ORS v. The State Of Maharashtra And ANR

21-IA-1653-2025.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1653 OF 2025 IN WRIT PETITION NO.1562 OF 2022 Machhindra Appasaheb Patil and others ] Applicants

Versus

The State of Maharashtra and another ] Respondents .....

Mr. Vikas Kolekar a/w Mr. Jaydeep Shringare, for Applicants. Ms. Veera Shinde, A.P.P, for Respondent No.1 - State. Mr. Satish Raut, for Respondent No.2.

.....

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ DATE : 16th SEPTEMBER, 2025.

P.C:

1.

Heard learned Counsel for the Applicant.

2.

This is an application for restoration of the Criminal Writ Petition which was dismissed for default vide an order dated 4th September, 2024 passed by this Court.

3.

Learned Counsel for Respondent No.2 - complainant opposed this application. It is submitted that there is delay of 125 days in filing application for restoration of this Petition, which is not explained. SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.09.17 10:34:10 +0530

21-IA-1653-2025.doc 4.

However, in view of the oral submissions made by the learned Counsel for the applicant and for the reasons stated in paragraph 6 of this application, we are inclined to condone the delay of 125 days in filing the application for restoration of the petition.

5.

The application is allowed.

6.

List the Petition on 9th October, 2025. The parties are put to notice that an endeavour shall be made on that date to hear the Petition finally and dispose it of.

[SHARMILA U. DESHMUKH, J.] [M.S. KARNIK, J.]