Vishvesh Vivek Pethkar And ORS v. The State Of Maharashtra And ANR

Shivgan 19-ia-4050-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4050 OF 2024 IN CRIMINAL APPLICATION NO.1009 OF 2023 Vishvesh Vivek Pethkar & Ors.

.....Applicants In the Matter Between:

Vishvesh Vivek Pethkar & Ors.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Ms. Sampada S. Patil h/for Mr. Abhishek Patil i/b Mr. Pratik Date, for Applicants.

Mr. Anand S. Shalgaonkar, APP for Respondent No.1-State. CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ.

DATE : 14th NOVEMBER 2024.

P.C.:- 1) This is an application for restoration of Criminal Application No. 1009 of 2023, which was dismissed for nonprosecution vide order dated 19th September 2024. 2) Learned counsel for the Applicants submits that the 1/2

Shivgan 19-ia-4050-2024.doc advocate on record is based in Pune and therefore, he could neither remain present nor could make an alternate arrangement for the Petitioner. His absence was not intentional and was on account of his ill health.

3) Considering his submissions and in the interest of justice, Criminal Application No.1009 of 2023 is restored to its file. The said Criminal Application be listed for Admission on 12th December 2024. 4) Application is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.11.19 17:22:31 +0530 SHAMBHAVI NILESH SHIVGAN 2/2