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Bombay High CourtIA/1142/2020allowed

Jayshri @ Baida Dattatray Kale And ANR v. The State Of Maharashtra And ANR

2022-08-25Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Sharmila U. Deshmukh2 pages

rsk 1 26-IA-1142-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1142 OF 2020 IN CRIMINAL APPEAL (ST) NO.392 OF 2020 Jayshri @ Baida Dattatray Kale and Anr.

..... Applicants Vs.

The State of Maharashtra and Anr.

..... Respondents Mr. Gaurav Parkar for the Applicants.

Mrs. P. P. Shinde, APP for Respondent-State.

CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : 25th AUGUST 2022.

P. C.

1.

Vide order dated 10/6/2022 we had issued notice to the respondent No.2.

2.

While passing the said order, it was not pointed out by the learned counsel for the applicant, that the respondent No.2 ( present complainant) was subsequently arraigned as an accused in the same C.R. i.e. CR No.222/2015 registered with the Sardar Bazar Police Station, Solapur (subsequently investigated by EOW) Digitally signed by RAJESHWARI SUBODH KARVE Date:

2022.08.30 15:07:57 +0530 RAJESHWARI SUBODH KARVE Solapur.

rsk 2 26-IA-1142-20.doc 3.

Having regard to the aforesaid, the question of issuing notice to the respondent No.2 does not arise. Hence, we take up this application for admission.

4.

Accordingly, for the reasons set out in the interim application, we condone the delay of 3 years 297 days caused in filing the aforesaid appeal.

5.

The application is disposed of.

SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.