Sachin Vasant Jadhav And ORS v. The State Of Maharashtra And ANR
LSP 1 41 ia 4245.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Interim Application No.4245 of 2024 In Writ Petition No. 3281 of 2023 With Writ Petition No.3281 of 2023 Sachin Vasant Jadhav and others ...
Applicants V/s.
State of Maharashtra & anr.
...
Respondents.
Mr. Umesh H. Pawar for the Applicants.
Smt. M.H. Mhatre, APP for the State.
CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.
Digitally signed by LATA SUNIL PANJWANI Date:
2025.04.04 12:06:35 +0530 LATA SUNIL PANJWANI DATE : 1st April 2025.
P.C. :
This is an application for restoration of Criminal Writ Petition No.3281/2023 which was dismissed as the effect of the order dated 3rd October 2023. It was the conditional order directing the Petitioner to annex the copy of the charge-sheet and make the necessary amendment in the prayer clause. This was to be done within a period of two weeks from 3rd October 2023. It was not done and, therefore, the matter stood dismissed.
2.
Learned Counsel for the Petitioner submitted that it was unintentional that he could not carry out the amendment but he has the copy of the charge-sheet ready and he is in a position to
LSP 2 41 ia 4245.24.doc immediately annex the copy of the charge-sheet and carry out consequential amendment.
3.
In the interest of justice, the application can be allowed. There is delay of 137 days in filing this application. As mentioned earlier in the interest of justice the matter can be decided on merits. Hence, the following order:
ORDER
(i) Delay of 137 days in filing the present application is condoned.
(ii) The Criminal Writ Petition No.3281/2023 is restored to its original file.
(iii) The amendment as directed by the order dated 3rd October 2023 now shall be carried out within a period of two weeks from today.
(iv) Issue fresh notice to the Respondents in the Writ Petition No.3281/2023, returnable on 1st July 2025.
4.
The Interim Application is disposed of.
(S.M. MODAK, J.) (SARANG V. KOTWAL,J)