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Bombay High CourtIA/2524/2024allowed

Harsh Mahesh Thaker And ORS v. The State Of Maharashtra And ANR

2024-07-19Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale1 pages

sns 35-ia-2524-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2524 OF 2024 IN CRIMINAL APPLICATION NO.1389 OF 2023 Harsh Mahesh Thaker & Ors.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Smt. Himneel Borse, with Ms. Bhavana Nikam, i/by Adv. Kanchan Talreja and Adv. Prashant Mairale, for the Applicants. Mr. Vinod Chate APP, for Respondent No.1-State. Mr. Suresh Sabrad, Mr. Amey Sawant, Mr. Pratik Sabrad, for Respondent No.2.

CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.

DATE : 19th JULY, 2024.

P.C.:- 1) This is an Application for restoration of Criminal Application No.1389 of 2023, which was dismissed for non prosecution by an Order dated 11th June 2024. The reasons for dismissal of Criminal Application are mentioned in paragraph 1 of the Order dated 11th June 2024. 2) However, at the profused pleadings of the learned counsel for the Applicants and taking into consideration the fact that present Application is filed within the period of limitation, Application is allowed in terms of prayer clause (a).

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.07.23 11:17:01 +0530 SHAMBHAVI NILESH SHIVGAN (DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) 1/1