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Bombay High CourtAPPLN/4476/2025withdrawn

Vijay Devman Ramne v. The State Of Maharashtra And Another

2026-01-20Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2026:BHC-AUG:2112 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4476 OF 2025 IN CRIMINAL REVISION APPLICATION (ST) NO.12390 OF 2025 Vijay Devman Ramne .... Applicant

Versus

The State of Maharashtra and Another.

.... Respondents.

(Orig. Respondent No.2 is orig. Complainant) ......

Ms. Manjushri V. Narwade, Advocate for Applicant (Appointed through Legal Aid) Mr. S. K. Shirse, APP for Respondent No.1 - State. Mr. Vishal Kakde, Advocate for Respondent No.2. ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 20 JANUARY 2026 ORDER :

1.

By present application applicant prays to condone the delay of 196 days caused in filing Criminal Revision Application against the order passed by Family Court, Aurangabad dated 06.02.2025 in Application E.R. No. 170 of 2023.

2.

Learned counsel for applicant submits that, applicant is a labourer and is illiterate. That, his wife i.e. present respondent no.2 had filed proceedings before Family Court, Aurangabad and learned Family Court was pleased to grant relief by order dated 06.02.2025. That, there

-2are several law points on merits to be agitated in revision. Due to illiteracy and financial difficulties, the applicant could not file proceedings within limitation. In the interest of justice, it is urged that above delay be condoned.

3.

Learned counsel for respondent No.2 strongly opposed the application on the ground that delay is not satisfactorily explained. Moreover, he pointed out that, there are huge arrears to the tune of Rs.48,000/-. He candidly submitted that, if at all, the delay is condoned, applicant be directed to deposit aforesaid amount in the court. 4.

Apparently, applicant and respondent no.2 are husband and wife. Wife seems to have instituted proceedings before the Family Court, Aurangabad bearing Application E.R. No. 170 of 2023 in which learned Family Court, Aurangabad passed an order on 06.02.2025. Applicant husband intends to question the same; however, he does not seem to have filed revision within limitation. Office has computed delay of 196 days. Before this court, submissions are made that due to illiteracy and financial difficulties, steps of filing Criminal Revision Application could not be taken within stipulated period. As stated above, learned counsel for other side has pointed out that, there are arrears to the tune of Rs.48,000/- and there is a proposal for allowing the delay application

-3subject to the deposit of said arrears.

5.

In the light of above, in the interest of justice, the delay of 196 days is hereby condoned subject to the applicant depositing Rs.30,000/- in this court within a period of three weeks. 6.

The Criminal Application is disposed off.

(ABHAY S. WAGHWASE, J.) Tandale