Seema Chandrakishor Vajpeyi v. State Of Maharashtra

1 / 2 18-IA-4256-24-IN-APL-520-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4256 OF 2024 IN CRIMINAL APPLICATION NO.520 OF 2023 Seema Chandrakishor Vajpeyi & Ors.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Rahul R. Shelke a/w Akshada Karale a/w Pragati Khopkar, Advocate for Applicant.

• Mr. Anand S. Shalgaonkar, APP for the State/Respondent.

CORAM

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

DATE : 21st OCTOBER, 2024 P.C. :

1.

This application is for restoration of Criminal Application No.520 of 2023, which was dismissed vide the order dated 01/07/2024.

2.

The learned counsel for Applicants invited my attention to the order dated 30/11/2023. Vide that order leave to amend Digitally signed by MANUSHREE NESARIKAR Date:

2024.10.23 14:40:13 +0530 was granted and the amendment was to be carried out within a MANUSHREE NESARIKAR period of one week from that date. Amendment was allowed to Nesarikar

2 / 2 18-IA-4256-24-IN-APL-520-23.odt enable the learned counsel for the Applicants to annex copy of the charge-sheet. Subsequently, vide the order dated 01/07/2024, the time to carry out amendment was extended upto 08/07/2024 as a last chance. But subsequently the amendment could not be carried out and as per the order dated 01/07/2024, the application stood dismissed without further reference to the Court. Learned counsel for the Applicants submitted that the order dated 01/07/2024 was uploaded late and therefore the department did not accept the amendment. There was no fault on the part of the learned counsel for the Applicants.

3.

Considering these submissions, the application is allowed. The Criminal Application No.520 of 2023 is restored to its original file. The learned counsel for the Applicants is at liberty to get the matter circulated.

4.

The application is disposed of.

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