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Bombay High CourtIA/4607/2024allowed

Milan Alias Mulla Abdul Hasan v. State Of Maharashtra And ORS

2025-01-02Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Rajesh S. Patil2 pages

Digitally signed by TRUPTI SADANAND BAMNE Date:

2025.01.04 10:48:07 +0530 TRUPTI SADANAND BAMNE Trupti 8-i-4607-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4607 OF 2024 IN WRIT PETITION NO. 3000 OF 2024 Milan alias Mulla Abdul Hasan ...

Applicant versus State of Maharashtra and Others ...

Respondents ...

Mr.Mohan Chavan h/f. Mr.Janardan Dwivedi for the Applicant. Ms.Rutuja Ambekar, APP for the Respondent -State. ....

CORAM :

RAVINDRA V. GHUGE AND RAJESH S. PATIL, JJ.

DATE :

2nd January, 2025 P.C. :

1.

By this Application, the Applicant desires that Criminal Writ Petition No. 3000 of 2024, which was dismissed on account of nonappearance of the Petitioner on the first date of hearing before the Court, be restored by setting aside the order dated 2nd August, 2024. 2.

We have heard the learned Advocate for the Applicant and the learned APP.

3.

The Writ Petition was dismissed at a pre-notice stage, since

Trupti 8-i-4607-2024.odt the learned Advocate did not remain present on the first date of hearing. The delay of 36 days, is neither deliberate, nor inordinate. 4.

For the reasons set out in the Application, the same is allowed. The order dated 2nd August, 2024 stands recalled. All office objections shall be removed, on or before 31st January, 2025 as per the request of the Petitioner. If the office objections are not removed, the Petition would stand dismissed without reference to the Court, on 1st February, 2025.

6.

Subject to the compliance of the above, liberty to circulate. (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)