Pradeep Suresh Jodhani And ANR v. State Of Maharashtra And ANR

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909. IA 852 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 852 OF 2025 IN CRIMINAL WRIT PETITION NO. 3327 OF 2024 Pradeep Suresh Jodhani and Anr.

.....Applicants

Versus

State of Maharashtra and Anr.

.....Respondents ----- Ms. Minal Chandnani - Advocate for the Applicants. Mr. S. R. Agarkar - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 03rd APRIL 2025 P.C. :

1.

This is an application for restoration of Criminal Writ Petition No. 3327 of 2024 which was dismissed for non-prosecution vide the order dated 07.08.2024. There is a delay of 150 days in filing the present application for restoration.

2.

Learned Counsel for the Applicants fairly pointed out that after the dismissal of the said petition, the Petitioners had filed another Writ Petition i.e. Criminal Writ Petition No. 3656 of 2024, but it was allowed to be withdrawn unconditionally in view of the fact that by SEEMA KSHITIJ YELKAR Date:

2025.04.05 13:09:29 +0530 Seema SEEMA KSHITIJ YELKAR

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909. IA 852 of 2025.odt Criminal Writ Petition No. 3327 of 2024 was dismissed for nonprosecution. 3.

Learned Counsel for the Applicants states that the F.I.R. is filed by the Respondent No. 2, who is the mother of Applicant No. 1. The dispute is purely a family dispute between the Mother and the Son. The Parties have now settled the matter. A mother is about 80 year old.

4.

Considering this submission in the interest of the justice and in the interest of the Parties, Criminal Writ Petition No. 3327 of 2024 is restored to its file and delay of 150 days in filing the present application is also condoned.

5.

Learned Counsel for the Petitioners is at liberty to get the Criminal Writ Petition circulated before this Court. 6.

Accordingly, Interim Application is disposed of. (S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Seema