Bombay High CourtIA/4221/2024allowed

Munuswamy Sundareshan v. State Of Maharashtra And ORS

2024-11-14Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

Shivgan 20-ia-4221-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4221 OF 2024 IN CRIMINAL WRIT PETITION NO.902 OF 2024 Munuswamy Sundareshan .....Applicant In the Matter Between:

Munuswamy Sundareshan .....Petitioner Vs.

The State Of Maharashtra & Ors.

.....Respondents Mr. Viral Mukte i/b Mr. Rahul I. Tiwari, for the Applicant/Petitioner. Mr. Sukanta A. Karmakar, 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 Writ Petition No. 902 of 2022 which was dismissed vide order dated 14th August 2024. Vide the said order, notice was issued to the Respondent No.3 returnable on 25th September 2024. In paragraph 4 of the said order, learned Advocate for the Applicant/Petitioner was directed to supply spare copies in the Registry within a period of one week from 1/2

Shivgan 20-ia-4221-2024.doc that date failing which the Petition was to stand dismissed without further reference to the Court. Learned Advocate did not supply spare copies within the stipulated period and, therefore, Petition got dismissed. Now this Application for restoration is preferred.

2) He submitted that since the Website did not show the order for five days, he could not comply with the directions and the Registry did not accept the copies. Considering this genuine difficulty, the Application is allowed.

3) Applicant/Petitioner shall supply spare copies within a period of two weeks from today after which the office shall issue notice in the main Writ Petition to the Respondent No.3 returnable on 23rd January 2025.

4) Ad-interim relief running in favour of the Petitioner at the time of dismissal of his Petition shall continue to operate till 23rd January 2025.

5) List the Criminal Writ Petition No.902 of 2024 on 23rd January 2025.

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

2024.11.19 17:21:08 +0530 SHAMBHAVI NILESH SHIVGAN 2/2