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Bombay High CourtIA/4220/2025allowed

Parimala H. Maneti And ORS v. State Of Maharashtra And ANR

2025-11-26Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak2 pages

1/2 19 IA-4220-25.odt Salgaonkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.11.27 10:49:47 +0530 CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4220 OF 2025 IN WRIT PETITION NO.5991 OF 2024 Parimala H. Maneti & Ors.

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Petitioners

Versus

State of Maharashtra & Anr.

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Respondents ...

Mr.Aditya R. Deshmukh for the Applicants/Petitioners. Mrs.Sangeet Shinde, Addl.P.P. for the State/Respondent. CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE : 26th NOVEMBER, 2025 ...

P.C:- 1.

On 16/06/2025, Criminal Writ Petition No.5991 of 2024 was dismissed for non prosecution.

2.

Interim Application No.4220 of 2025 seek restoration of the writ petition, by condoning the delay of 116 days in filing the same.

3.

Heard the learned counsel for the Applicant. Upon perusal of the Application, it is clearly discerned that on account of lapse on the part of the Advocate that the matter was not noted when it was listed, though he was diligently following the proceedings on the earlier date, and this resulted

2/2 19 IA-4220-25.odt in dismissal of proceedings. Learned counsel would also submit that in fact a mutual settlement is worked out between the parties and he may be permitted to place the same on record, which would result in quashing of the F.I.R., which is the relief sought in the Petition.

4.

Considering the bona fides of the Applicants and finding that the delay is unintentional and the fact that the dismissal of the proceedings was on account of fault on the part of the counsel, for which the party cannot be made to suffer, we deem it appropriate to allow the Interim Application. Hence, the order.

:ORDER :

1.

Interim Application is made absolute in terms of prayer clauses (a) and (b) 2.

The Writ Petition is directed to be restored to its file and directed to be placed before us on 10th December, 2025 on the Supplementary Board.

(SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.)