High Court condoned seven-day delay in filing a criminal revision application, granted substitution application, and directed registration for admission without deciding maintainability.
Delay in filing revision application condoned; substitution application granted; registration for admission directed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL MISCELLANEOUS APPLICATION NO.2225 OF 2002
WITH
CRIMINAL APPLICATION NO.2079 OF 2005
IN
CRIMINAL REVISION APPLICATION NO.242 OF 2002
Smt.Jayashree Shantaram Manjarekar ...Applicant
Versus
Shri.Pandarinath Rajaram Yeram & Anr...Respondents
Mr.M.Unnikrishnan for Applicant.
Mr.V.Z.Kankaria for Respondent No.1.
Mr.K.V.Saste, A.P.P. for Respondent No.2.
CORAM: A.M.KHANWILKAR, J.
APRIL 6, 2005.
P.C.
1. Heard Counsel for the parties. Perused
the pleadings.
: 2 :
2. Delay in filing Revision Application is
only of seven days. Indeed, Respondents have
raised several issues including maintainability of
the Revision Application at the instance of the
present Applicant. However, those aspects can be
considered while examining the Revision Application
for admission. For the present, suffice it to
observe that as delay is only of seven days and
explanation is offered, the same deserves to be
condoned.
3. This Application is therefore allowed in
terms of prayer clause (a). As a consequence of
condoning the delay, the Application for
substitution being Criminal Application No.2079 of
2005 is also granted.
4. It is once against made clear that all
other issues regarding maintainability of the
Revision Application or locus of the Applicant to
maintain such Revision Application, will be
considered at the admission stage.
: 3 :
5. Both the Applications disposed of
accordingly.
6. Office is directed to register the
Revision Application, if already not done and place
the same for admission on 12th April 2005.
A.M.KHANWILKAR, J.
Jayashree Shantaram Manjarekar
Pandarinath Rajaram Yeram
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court