Roshan Surendra Uchil v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2382 OF 2024 IN WRIT PETITION NO. 3541 of 2016 Roshan Surendra Uchil ..

Applicant

Versus

The State of Maharashtra and anr ..

Respondents ...

Ms. Akanksha Kadam with Kranti S.Anand for the petitioner. Mr.Amit Sheth with Kailas Surve for respondent no.2. Mr.D.J. Haldankar, APP for the State.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE,JJ.

DATED : 26th JUNE, 2024 P.C:- On 4/12/2023, Writ Petition filed by the petitioner was dismissed for want of prosecution, and therefore, the present application is taken out seeking its restoration. Heard learned counsel for the applicant and learned counsel for the respondent no.2, who strongly oppose the restoration of the petition.

On perusal of the application and in particular, paragraph nos.9 to 13 which has offered a justification for not Tilak

2/2 14 IA 2382-24 25 JUNE.doc remaining present for the hearing of the Writ Petition when it was listed on 4/12/2023.

Since we find that the reasons given are most probable, as when the matter is listed for final hearing and came up on the board all of a sudden, it is quite possible that the counsel missed the listing of the matter. It is in these circumstances we are satisfied with the reasons offered in the application and restore the Writ Petition to its file subject to payment of costs of Rs.10,000/- to Kirtikar Law Library. S.O to 15/7/2024.

(MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.) Tilak