Shri. Ramchandra Nagu Mhatre v. Shri. Narayan Gajanan Bhoir

40-IA-1059-2024 IN ALP-2190-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1059 OF 2024 IN CRIMINAL APPLICATION NO.2190 OF 2023 (FOR LEAVE TO FILE APPEAL) Shri.Ramchandra Nagu Mhatre .... Applicant V/s.

by NILAM SANTOSH KAMBLE Date:

2025.03.21 16:24:39 +0530 Shri.Narayan Gajanan Bhoir & Ors.

.... Respondents ---- Mr.V.P. Tare, for the Applicant.

Mr.Prashant P. Jadhav, APP, for Respondent-State. Ms.Prabha Badadare, for Respondent No.1.

NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 20th MARCH 2025 P.C:- .

Heard learned counsel for the Applicant, learned APP and learned counsel for Respondent No.1.

2.

There is delay of 127 days for filing Leave to file Application.

3.

It is contention of the learned counsel for the Applicant, due to family problems the Applicant could not file Application within stipulated time. Hence, requested to allow the N.S. Kamble page 1 of 2

40-IA-1059-2024 IN ALP-2190-2023.doc Application.

4.

The learned counsel for Respondent is strongly objected to allow the Application, as there is no proper explanation of the delay is mentioned in the Application. Hence, requested to dismiss the Application.

5.

I have heard both learned counsel.

6.

Considering the submission of the learned counsel for the Applicant and it is necessary to give chance to the Applicant, he has challenged the order passed by the learned Magistrate i.e. acquittal of Respondent No.1 and I pass following order.

ORDER

(i) The delay is condoned, subject to cost of Rs.1,000/- payable to Kirtikar Law Library.

(ii) The Application is allowed and disposed of. (iii) The Criminal Application for Leave to File Appeal No.2190 of 2023, stand over to 23rd April 2025.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2