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Bombay High CourtIA/3824/2024allowed

Ratan Bapu Todkar v. State Of Maharashtra

2025-03-26Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak2 pages

24-ia-3824-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3824 OF 2024 IN CRIMINAL WRIT PETITION (ST) NO. 19803 OF 2022 Ratan Bapu Todkar ..Applicant

Versus

The State of Maharashtra ..Respondent __________ Ms. Rekha Musale i/b. Ms. Shama Mulla for Applicant. Mr. S. V. Gavand, APP for State/Respondent.

__________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 26 MARCH 2025 PC :

1.

This Application is for restoration of Criminal Writ Petition (Stamp) No.19803 of 2022. Vide the order dated 18.07.2023, the Petitioner was granted leave to amend and was also directed to remove the office objections and to serve a copy on the office of the APP.

2.

Learned counsel for the applicant submitted that, she had removed the office objections and had also served a copy on Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.03.27 11:21:54 +0530 the office of the APP. She has also carried out the amendment. VINOD BHASKAR GOKHALE

24-ia-3824-24 Therefore, the petition could not have been treated as dismissed. 3.

Since the petitioner had removed the office objections and had carried out the amendment and also has supplied a copy, in the interest of justice, the writ petition can be restored to its original file.

4.

Hence, the following order:

O R D E R

i) The Application is allowed.

ii) The delay of 5 months and 20 days in filing the interim application is condoned.

iii) The Criminal Writ Petition (Stamp) No.19803 of 2022 is restored to its original file.

iv) Learned counsel is at liberty to get the petition circulated for admission.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)