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Bombay High CourtIA/4238/2024allowed

Parag Dinesh Prajapati And ORS v. State Of Maharashtra And ANR

2024-10-23Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

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39-IA-4238-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4238 OF 2024 IN CRIMINAL WRIT PETITION NO.2483 OF 2024 Parag Dinesh Prajapati and others .....Applicants

IN THE MATTER BETWEEN

Parag Dinesh Prajapati and others .....Petitioners

Versus

The State of Maharashtra and others .....Respondents ----- Mr. Kapil Shah, Advocate for the Applicants.

Mr. Anand S. Shalgaonkar, APP for the Respondent-State. Smt. Sonam Parag Prajapati, the Respondent No.3 is present in person.

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

DATE : 23rd OCTOBER, 2024 P.C. :

1.

This is an Application for restoration of Criminal Writ Petition No.2483/2024, which was dismissed vide order dated 8.8.2024 for non-prosecution. The Applicants had earlier filed Interim Application No.3604/2024 for the same relief for restoration but it also got dismissed for want of by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.10.25 10:06:32 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE Deshmane(PS)

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39-IA-4238-24.odt prosecution. This is the second application for restoration. 2.

We have heard learned counsel for the Applicants. He submitted that there was no intention on his part not to remain present. Only because he was engaged in a High Court time bound matter before the Consumer Court he could not rush back to High Court and the Board had collapsed. He submitted that the matter is settled between the parties. He submitted that, therefore, in the interest of justice the Petition be restored.

3.

Considering these submissions and in the interest of justice, Criminal Writ Petition No.2483/2024 is restored to its original file. The Application is disposed of accordingly. ( DR.NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) Deshmane (PS)