Dismissed
Lyla Bavaadam @ Bavadam v. Riyaz a. Parkar and Ors.
Bombay HCAPPP/115/2007
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THE HIGH COURT OF JUDICATURE AT BOMBAY…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 116 OF 2007
IN
CRIMINAL APPLICATION NO. 115 OF 2007
IN
CRIMINAL APPLICATION NO. 2656 OF 2002
Lyla Baavadam @ Bavadam ..Applicant
Vs.
Riaz A. Parkar and ors. ..Respondents
Mr. A.S. Khandeparkar i/by Khandeparkar and
Associates for applicant.
Mr. P.A. Pol, APP for State.
CORAM: B.H. MARLAPALLE, J.
Date : October 29, 2007.
P.C.:
1. This is an application for condonation of
delay in filing Criminal Application No.115 of 2007
for restoration of Criminal Application No. 2656 of
2002. As per the office report this application is
beyond time by 948 days and the only reason given in
support of prayer for condonation of delay is that the
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application is neither deliberate nor intentional. I
have noted that in Criminal Application No. 2656 of
2002 filed under Section 482 of Cr.P.C. the applicant
- original accused no.3 had prayed for quashing the
proceedings in Summary Case No. 379 of 1993 filed for
the offences punishable under Sections 499 to 502 read
with Section 34 of IPC.
2. I am not inclined to entertain this
application for the reasons that there is no case made
out to condone the inordinate delay caused in applying
for restoration.
3. Hence, the application is rejected.
4. Criminal Application No. 115 of 2007 does not
survive and shall stand disposed as such.
(B.H. Marlapalle,J.)
1 issue framed by the court
Whether an application for condonation of delay in filing a criminal application for restoration can be entertained when no case is made out to condone the inordinate delay.
Lyla Baavadam @ Bavadam
Riaz A. Parkar and ors.
B.H. Marlapalle
As recorded by the court registry
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