Vishal Mohan Awsarmal v. State Of Maharashtra

Shivgan 30-ia-4596-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4596 OF 2024 IN CRIMINAL WRIT PETITION NO.3840 OF 2022 Vishal Mohan Awsarmal .....Applicant In the Matter Between:

Vishal Mohan Awsarmal .....Petitioner Vs.

The State Of Maharashtra .....Respondent Ms. Rohini M. Amin, for the Applicant/Petitioner. Smt. M.H.Mhatre, APP for Respondent-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. 3840 of 2022, which was dismissed for non-prosecution vide the order dated 9th September 2024.

2) Learned counsel for the Applicant/Petitioner submitted that due to inadvertence, she missed the listing of this Petition and therefore, could not remain present when the matter was called 1/2

Shivgan 30-ia-4596-2024.doc out. She submitted that it was an inadvertent error and was unintentional.

3) Considering her submissions and in the interest of justice, this Application is allowed and Criminal Writ Petition No.3840 of 2022 is restored to its original file.

4) Learned counsel further submitted that permission be granted to amend the cause-title of the main Writ Petition to add the First Informant as party Respondent and also the prayer clause to add charge-sheet number. For both these purposes, leave to amend granted. Amendment shall be carried out within three weeks from today. Care should be taken to conceal the identity of the First Informant. After the amendment is carried out, learned counsel for the Petitioner is at liberty to circulate the Writ Petition.

5) Application is disposed of.

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

2024.11.19 17:29:41 +0530 SHAMBHAVI NILESH SHIVGAN 2/2