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Bombay High CourtIA/1886/2024disposed off

Dr Devendra Pandurang Jadhav And ORS v. The State Of Maharashtra And ANR

2025-09-24Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak2 pages

Digitally signed by WAKLE MANOJ JANARDHAN Date:

2025.09.25 14:26:22 +0530 WAKLE MANOJ JANARDHAN Manoj 903-IA-1886-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1886 OF 2024 WITH INTERIM APPLICATION NO.1887 OF 2024 IN CRIMINAL APPLICATION (APL) NO.918 OF 2014 Dr. Devendra Pandurang Jadhav & Ors.

...Applicants Vs.

The State of Maharashtra & Anr.

...Respondents

------ Adv. C. S. Gongane i/by Adv. Rajendra Anbhule, for the Applicants. Ms. Supriya Kak, APP for the Respondent No.1-State. Mr. Salman Khatib, PSI, Roha Police Station, Raigad present. ------ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 24th SEPTEMBER, 2025 P.C. :- 1) Both these Applications are filed in a disposed of Criminal Application (APL) No.918 of 2014. Criminal Application was dismissed for non prosecution vide the Order dated 13th March, 2023. There is delay of 1 year and 42 days in filing this Application for restoration. 2) Learned Counsel for the Applicants seeks permission to withdraw both these Applications. As the Applicants want to avail the remedy of filing discharge Application before the Trial Court. Since the learned Counsel is not pressing this Restoration Application and the 1/2

Manoj 903-IA-1886-2024.doc corresponding condonation of delay Application, both these Applications are allowed to be withdrawn.

3) The main Application was dismissed for non prosecution and therefore, a Division Bench of this Court had not decided the matter on merits. In this view of the matter, the Applicants are at liberty to prefer an Application for discharge before the Trial Court. If such an Application is preferred, it shall be decided on its own merits in accordance with law. 4) With this observation and liberty, both these Applications are allowed to be withdrawn and are disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 2/2