Krishna Hridaynath Sharma And ORS v. The State Of Maharashtra And ANR

1 / 2 23-IA-1599-@-4812-24-IN-365-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1599 OF 2024 IN CRIMINAL WRIT PETITION NO.365 OF 2022 WITH INTERIM APPLICATION NO.4812 OF 2024 IN CRIMINAL WRIT PETITION NO.365 OF 2022 Krishna Hridaynath Sharma & Ors.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Yash Raiyani i/b. Swapana P. Kode, Advocate for Applicants.

• Mr. Ashish I. Satipute, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 22nd NOVEMBER, 2024 P.C. :

1.

These Interim Applications are for restoration of the Criminal Writ Petition No.365 of 2022 and for condonation of delay of 89 days in preferring the application for restoration. MANUSHREE NESARIKAR The main Petition was dismissed vide the order dated MANUSHREE NESARIKAR Date: 2024.11.25 16:21:13 +0530 12/04/2023 for non prosecution. When the main Petition was Nesarikar

2 / 2 23-IA-1599-@-4812-24-IN-365-22.odt dismissed, at that time, nobody had appeared for the Respondent No.2.

2.

Learned counsel for the Applicants submitted that he missed the listing of the matter through inadvertence. The absence of the learned counsel was not intentional. The Petitioners are young boys.

3.

Considering these submissions and in the interest of justice, both these applications are allowed. The delay in filing the restoration application is condoned. The Writ Petition No.365 of 2022 is restored to its original file. 4.

The Writ Petition be listed for admission on 17/01/2025.

5.

Both the Interim Applications are disposed of. (DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)