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Bombay High CourtIA/4491/2024allowed

Lyndon Patros v. State Of Maharashtra And ANR

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

1 / 2 15-IA-4491-24-IN-WP-3717-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4491 OF 2024 IN CRIMINAL WRIT PETITION NO.3717 OF 2024 Lyndon Patros .... Applicant versus The State of Maharashtra & Anr.

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

• Ms. Sunaina Chakravarty i/b. Yash Vyas, Advocate for Applicant. • Mr. Vinod S. Chate, APP for the State/Respondent.

CORAM

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

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

1.

This is an application for restoration of Writ Petition No.3717 of 2024, which was dismissed for non-prosecution vide the order dated 28/08/2024.

2.

Learned counsel for the Applicant submitted that the matter was scheduled to be listed on 02/09/2024. However, it Digitally signed by MANUSHREE NESARIKAR Date:

2024.10.25 10:52:56 +0530 was actually listed on 28/08/2024 and therefore learned MANUSHREE NESARIKAR counsel for the Applicant missed listing of the Petition. She Nesarikar

2 / 2 15-IA-4491-24-IN-WP-3717-24.odt submitted that it was inadvertent and not a deliberate act to avoid appearing before the Court.

3.

Considering this submission and in the interest of justice, the application is allowed. The Writ Petition No.3717 of 2024 is restored to its original file. The learned counsel for the Applicant is at liberty to get the matter circulated for admission. 4.

The application is disposed of.

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