Laxmikant Vijay Katare And ANR. v. State Of Maharashtra And ANR.

HEMANT CHANDERSEN SHIV H.C. SHIV 27.ia3195.25.doc HEMANT CHANDERSEN SHIV Date: 2025.09.10 18:37:36 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3195 OF 2025 IN CRIMINAL APPLICATION NO.917 OF 2023 Laxmikant Vijay Katare & Anr.

... Applicants.

Vs.

State of Maharashtra & Anr.

... Respondents ------ Ms. Prashita Mamodia i/b R. V. Sankpal & Associates for the Applicants. Ms. Sougita E. Phad APP for the Respondent-State. Mr. D. P. Mane, PSI, Kasturba Marg police station present. ------ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 9th SEPTEMBER, 2025 P.C. :- 1) This is an Application for restoration of Criminal Application No.917 of 2023, which was dismissed for non prosecution vide the order dated 4th August, 2025. The learned Counsel for the Applicants submitted that their Application was admitted with interim relief in terms of prayer clause (b) in that Application vide the order dated 2nd September, 2024. Therefore, it was listed on the final hearing board. However, when the final hearing board reached suddenly, the learned Counsel could not remain present and therefore, the matter was dismissed for non prosecution. There was no intention to avoid the hearing of the Application. 1/2

H.C. SHIV 27.ia3195.25.doc 2) Considering that the absence was unintentional and as stated by the learned Counsel for the Applicants, due to inadvertence it remained unattended, the Application was dismissed. It must be noted that even nobody had appeared for the Respondent No.2. Therefore, in this situation, we are inclined to restore the Application with restoration of the interim relief. Hence, the following order :- :: ORDER ::

(i) The Criminal Application No.917 of 2023 is restored to its file with revival of the interim order in terms of prayer clause (b) in that Application which was granted vide the order dated 2nd September, 2024.

(ii) The Interim Application is disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 2/2