Shailesh Raghunath Padher And ANR v. The State Of Maharashtra And ANR

26-IA-3960-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3960 OF 2024 IN CRIMINAL WRIT PETITION NO. 3107 OF 2021 Shailesh Raghunath Padher & Ors.

..Applicants

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Babita P. Pandey a/w. Dinesh R. Sonawane for Applicants. Mr. Vinod Chate, APP for State/Respondent.

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

DATE : 4 DECEMBER 2024 PC :

1.

This is an application for restoration of the Writ Petition No.3107 of 2021 which was dismissed for non prosecution vide the order dated 22.08.2024.

2.

Learned counsel for the applicants submitted that the petition was filed by another advocate. He did not attend the matter diligently; resulting in dismissal of the petition. She submitted that, for the mistake of the counsel, the petitioners may not be penalised. She submitted that the parties have now Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.12.07 11:40:25 +0530 VINOD BHASKAR GOKHALE

26-IA-3960-24 amicably settled the matter.

3.

Considering these submissions and in the interest of justice, this application is allowed. The Criminal Writ Petition No.3107 of 2021 is restored to its file. It shall be listed for further consideration on 11.12.2024.

4.

The application is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)