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Bombay High CourtAPPP/726/2026disposedoff

Shrikrushna S/O Mahadeorao Sakharkar v. State Of Maharashtra Thr Pso., Ps Karnaja Lad City Dist. Washim

2026-03-06Hon'Ble Justice Urmila Joshi Phalke2 pages

17 appp725.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION APPP NO.725/2026 WITH CRIMINAL APPLICATION APPP NO.726/2026 WITH CRIMINAL APPLICATION APPP NO.727/2026 IN CRIMINAL APPLICATION APL NO.1603/2023 (D) Shrikrushna s/o Mahadeorao Sakharkar ..vs..

State of Mah., thr.PSO PS Karanja Lad City, District Washim ............................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................... Shri N.R.Tekade, Counsel for the Applicant.

Mrs.H.N.Prabhu, APP for the State.

Shri C.A.Babrekar, Counsel for NA No.2.

CORAM : URMILA JOSHI-PHALKE, J.

DATE : 06/03/2026 1.

These applications are for condonation of delay in filing application for restoration; restoration, and amendment of Criminal Application APL No.1603/2023.

2.

Learned APP for the State waives service of Notice. 3.

It is contentions of learned counsel for the applicant that as his name was not reflected in the cause list, he could not get knowledge regarding listing of the matter and, therefore, he was not present and Criminal Application APL No.1603/2023 came to be dismissed for want of prosecution. There is reasonable and justifiable reasons for condonation of delay. 4.

Learned APP for the State has strongly opposed the said contentions.

.....2/-

17 appp725.26 5.

However, for the reasons mentioned in the applications, the applications are allowed.

6.

The delay is condoned. Criminal Application APL No.1603/2023 is restored at its original stage. 7.

Leave is granted to learned counsel for the applicant to carry out the amendment as the chargesheet is filed. 8.

The amendment be carried out within two weeks. 9.

After the amendment is carried out, a copy of the amended application and a copy of the chargesheet be placed on record and supplied to the other side, failing which the matter shall stand rejected without further reference to the court. 10.

Office to issue Notice to the non-applicant No.2 on Criminal Application APL No.1603/2023, returnable on 25.3.2026. 11.

The applicant is permitted to serve the non-applicant No.2 by all modes of services and file affidavit service on record. All these applications are allowed and disposed of. (URMILA JOSHI-PHALKE, J.) !! BrWankhede !!

Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 07/03/2026 10:07:00 ...../-