Hitesh Pal Singh v. State Of Maharashtra And ANR.

2024:BHC-AS:43519-DB Gaikwad RD 12-ia-4707-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4707 OF 2024 IN CRIMINAL WRIT PETITION NO.3536 OF 2024 Hitesh Pal Singh .....Applicant In the Matter Between:

Hitesh Pal Singh .....Petitioner Vs.

The State of Maharashtra & Anr.

.....Respondents Ms. Namita Maneshinde, i/b. Shanice Mansukhani, for the Applicant. Mr. Sukanta A. Karmakar, APP for Respondent No.1-State. CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ.

DATE : 12th NOVEMBER 2024.

P.C.:- 1) This is an Application for restoration of Criminal Writ Petition No.3536 of 2024. Vide the order dated 11th September 2024 passed in Criminal Writ Petition No.3536 of 2024, the learned counsel for the Petitioner was directed to supply spare copies of the Petition with the Registry within a period of two weeks as the notice was issued to Respondent No.2.

2) Thereafter the Order dated 24th October 2024 passed in the same Writ Petition records that as per the order dated 11th 1/3

Gaikwad RD 12-ia-4707-2024.doc September 2024, the Petition already stood dismissed as the said order records that in case the copies were not supplied within stipulated period, the Petition was to stand dismissed without further reference to this Court.

3) The order dated 24th October 2024 records that liberty was granted to the learned counsel for the Petitioner to prefer an Application for restoration of the Petition. Pursuant to the said liberty, the present Application is filed for restoration of Criminal Writ Petition No.3536 of 2024.

4) Learned counsel for the Applicant submits that due to sheer inadvertence, the directions in the order dated 11th September 2024 could not be complied with and the spare copies of the Petition were not supplied within the stipulated period. It was not intentional and there was no intention to delay the matter. She submits that in the interest of justice, the Petition be restored. 5) Considering these submissions, in the interest of justice, Criminal Writ Petition No.3536 of 2024 is restored to its original file. Learned counsel for the Applicant shall supply spare copies of the Petition within a period of two weeks from today. After the spare copies are supplied, issue fresh notice to the Respondent No.2 in 2/3

Gaikwad RD 12-ia-4707-2024.doc Criminal Writ Petition No.3536 of 2024 returnable on 21st January 2025.

6) The Interim Application No.4707 of 2024 is disposed of. 7) Criminal Writ Petition No.3536 of 2024 be listed on 21st January 2025.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) 3/3 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 14/11/2024 12:32:56