Allowed

The State of Maharashtra v. Allauddin Mahammad Husain and Anr.

Bombay HC24 Nov 2011APPLN/2014/2011

Case brief

AI extract

What is this about?

The court allowed an application for restoration of a criminal application dismissed in default, setting aside the dismissal order and restoring the matter to file for admission based on sufficient cause for non-appearance.

What did the court decide?

Application allowed; order of dismissal dated 13.9.2010 set aside; criminal application Nos.98/2010 restored to file and fixed for admission on 12.12.2011.

The State of Maharashtra Vs Allauddin Mahammad… — Civil Procedure and Limitation | Bombay HC (2011)

¶1

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶2

CRIMINAL APPLICATION NO. 4926 OF 2011 In APEAL/406/2011

¶3

SACHIN BHARAT KHOGRE VERSUS

¶4

THE STATE OF MAHARSHTRA

¶5

... Advocate for Petitioners : Mr. Kadam Vikram S APP for Respondents: Mr. S.G.Nandedkar

¶6

CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶7

PER COURT :-

¶8

Heard Mr. V.S.Kadam h/f Mr. Dhorde, learned counsel for the applicant.

¶9

Issue notice to the respondent. Learned APP waives service of notice for respondent and seeks time to take the instructions. Accordingly, stand over to 5th December, 2011.

¶10

( SHRIHARI P. DAVARE, J. ) ...

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 4086 OF 2011

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THE STATE OF MAHARASHTRA VERSUS BHARAT DAMU CHAWALE AND ORS

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... Advocate for Petitioners :Mrs. Y.M.Kshirsagar.

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... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

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PER COURT :-

¶18

Await notice of respondent and R & P. Stand over for three weeks. Office to issue reminder to the concerned court and ensure that R & P is received till next date.

¶19

( SHRIHARI P. DAVARE, J. )

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 4246 OF 2011

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VIJAY JAGANNATH RATHOD VERSUS

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RAGHUNATH GOTU NERKAR

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... Advocate for Petitioners : Gaikawad Pandurang M.- absent APP for Respondents: Mr. S.N. Kendre.

¶26

... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶27

PER COURT :-

¶28

Await notice of respondent and R & P. Stand over for three weeks. Office to issue reminder to the concerned court and ensure that R & P is received till next date.

¶29

( SHRIHARI P. DAVARE, J. )

¶30

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¶31

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶32

CRIMINAL APPLICATION NO. 4271 OF 2011

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THE STATE OF MAHARASHTRA VERSUS CHANDRAKANT P RANE

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... Advocate for Petitioners :Mrs. Y.M.Kshirsagar

¶35

... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶36

... PER COURT :-

¶37

Await notice of respondent and R & P. Stand over for three weeks. Office to issue reminder to the concerned court and ensure that R & P is received till next date.

¶38

( SHRIHARI P. DAVARE, J. )

¶39

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¶40

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶41

906 CRIMINAL APPEAL NO. 481 OF 2000 THE STATE OF MAHARASHTRA VERSUS RAMAKANT GANGADHARRAO ... Advocate for Petitioners : P.p. APP for Respondents: M V Deshpande For R/1 & 2 ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :-

¶42

( SHRIHARI P. DAVARE, J. )

¶43

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¶44

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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907 CRIMINAL APPEAL NO. 389 OF 2010 FEROZ SALAMAT PATHAN AND ORS VERSUS THE STATE OF MAHARASHTRA

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... Advocate for Petitioners : Mrs. Jadhav Sadhana S. APP for Respondents: ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :- 1.

¶47

( SHRIHARI P. DAVARE, J. )

¶48

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¶49

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶50

CRIMINAL APPLICATION NO. 4026 OF 2010 In APPLN/98/2010

¶51

SYED KARIM SYED AHMED SAUDAGAR VERSUS

¶52

SHAIKH ANWAR SK MOHAMMED AND ANR

¶53

Advocate for Petitioners : Mr. H.F.Pawar h/f Chavan Ravindra G APP for Respondents: Mr. S.G.Nandedkar for R-2. R/1 Served

¶54

CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶55

PER COURT :-

¶56

Heard learned respective counsel for the parties.

¶57

This is an application preferred by the applicant for restoration of Criminal Application No.98/2010 at original stage, by setting aside the order of dismissal dated 13.9.2010.

¶58

For the reasons stated in the application, it appears that applicant has pleaded and proved the sufficient cause for his non appearance before the court on 13.9.2010, on which date Criminal Application No.98/2010 came tobe dismissed in default. Therefore, present application deserves to be allowed and opportunity is required to be given to the applicant to prosecute the said application on its own merits in the interests of justice.

¶59

In the result, present application is allowed in terms of prayer Clause 'A' thereof and order dated 13.9.2010 dismissing Criminal Application No.98/2010 stands set aside and said criminal application stands restored to file at its original stage, and it be fixed for admission on 12.12.2011 and present application is disposed of accordingly.

¶60

( SHRIHARI P. DAVARE, J. )

¶61

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¶62

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶63

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¶64

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶65

3 CRIMINAL APPLICATION NO. 1917 OF 2011

¶66

THE STATE OF MAH THR. PP VERSUS SHIVAJI NIVRUTTI GUTE

¶67

... Advocate for Petitioners : Public Prosecutor APP for Respondents: Mr. Jadhav Satej S Adv For Respts

¶68

... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :-

¶69

¶70

( SHRIHARI P. DAVARE, J. )

¶71

aaa/-

¶72

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶73

CRIMINAL APPLICATION NO. 2014 OF 2011 WITH CRIMINAL APPLICATION NO. 2015 OF 2011

¶74

THE STATE OF MAHARASHTRA VERSUS ALLAUDDIN MAHAMMAD HUSAIN AND ANR

¶75

... Advocate for Petitioners : Mrs. Y.M.Kshirsagar. Mr. Chatterji Joydeep advocate For r/1 & 2

¶76

... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶77

... PER COURT :-

¶78

Heard learned respective counsel for the parties.

¶79

This is an application preferred by the applicant-state seeking leave to file appeal, challenging the judgment and order dated 6.1.2011, rendered by learned Judicial Magistrate First Class, Mantha District Jalna, thereby acquitting the respondents/original accused for the offence p/u/s 7 (i), 2 (ia)(m), 7 (v), 44 (c), 7(iii), 50 of Prevention of Food Adulteration Act.

¶80

I have perused the impugned judgment and order dated 6.1.2011 with the assistance of learned counsel for the parties.

¶81

Having comprehensive view of the matter, it appears that matters requires re-consideration and hence, present application is allowed and leave to file appeal is granted. Present application be treated as APPEAL.

¶82

ADMIT. Mr Chatterjee learned counsel for respondents waives service of notice after admission. Respondent nos. 1 and 2 to furnish fresh bail in the sum of Rs.10,000/- each, with one surety in the like amount, by each of them, before the Trial court within a period of four weeks.

¶83

( SHRIHARI P. DAVARE, J. )

¶84

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¶85

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶86

6 CRIMINAL APPLICATION NO. 2398 OF 2011

¶87

LOKSEVA MUDRANALAYA THR. SUNIL ALIAS SHEKHAR APPASAHEB

¶88

VERSUS RAJENDRA APPASAHEB SHINDE

¶89

... Advocate for Petitioners : Mr. Shinde Abasaheb D. Mr. Patil Bankar Dilip N. advocate For R/sole

¶90

... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶91

... PER COURT :-

¶92

¶93

( SHRIHARI P. DAVARE, J. )

¶94

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¶95

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶96

7 CRIMINAL APPLICATION NO. 2399 OF 2011

¶97

LOKSEVA MUDRANALAYA THR. SUNIL ALIAS SHEKHAR APPASAHEB VERSUS RAJENDRA APPASAHEB SHINDE

¶98

... Advocate for Petitioners : Mr. Shinde Abasaheb D. APP for Respondents: Mr. Mr Patil Bankar Dilip N. advocate For R/sole ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :- 1.

¶99

( SHRIHARI P. DAVARE, J. )

¶100

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¶101

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶102

8 CRIMINAL APPLICATION NO. 2400 OF 2011

¶103

LOKSEVA TRADERS THR. SUNIL ALIAS SHEKHAR APPASAHEB VERSUS RAJENDRA APPASAHEB SHINDE

¶104

... Advocate for Petitioners : Mr. Shinde Abasaheb D. APP for Respondents: Mr. Mr. Patil Bankar Dilip N. advocate For R/sole ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :- 1.

¶105

( SHRIHARI P. DAVARE, J. )

¶106

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¶107

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶108

10 CRIMINAL APPLICATION NO. 3183 OF 2011

¶109

THE STATE OF MAH THR. FOOD INSPECTOR, JALNA VERSUS SUNILKUMAR RAMESHCHANDRAJI MODI

¶110

... Advocate for Petitioners : Mrs. Y.M.Kshirsagar. R/sole Served ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :- 1.

¶111

¶112

( SHRIHARI P. DAVARE, J. )

¶113

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¶114

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶115

CRIMINAL APPEAL NO. 361 OF 2011

¶116

KALPANA KISHOR KARPE VERSUS

¶117

THE STATE OF MAHARASHTRA AND ANR

¶118

... Advocate for Petitioners : Mrs. Ambekar Manjusha B. (appointed) APP for Respondents: Mr. S.G.Nandedkar. ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :-

¶119

Heard.

¶120

This is an appeal filed by the appellant/original complainant under the provisions of Section 372 of Code of Criminal Procedure challenging the judgment and order dated 7.5.2011.

¶121

Issue notices to the respondents. Learned APP waives service of notice for respondent No.1. Respondent No.1-State to verify whether State has filed any appeal challenging the impugned judgment and order dated 7.5.2011 / intends to file any appeal, till next date.

¶122

Notice of respondent No.2 is made returnable within the period of three weeks. Stand over for three weeks i.e. 15.12.2011.

¶123

( SHRIHARI P. DAVARE, J. )

¶124

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¶125

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶126

CRIMINAL APPEAL NO. 559 OF 2011

¶127

SUNIL KACHARU BAVISKAR VERSUS THE STATE OF MAHARSHTRA

¶128

... Advocate for Petitioners : Mr. Shendurnikar Pushkar S. APP for Respondents: Mrs. Y.M.Kshirsagar. ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :-

¶129

Heard.

¶130

ADMIT. Learned APP waives service of notice after admission.

¶131

( SHRIHARI P. DAVARE, J. )

¶132

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¶133

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶134

CRIMINAL APPEAL NO. 580 OF 2011

¶135

LAXMAN @ BALU AMBADAS SHINDE (MALI) VERSUS

¶136

THE STATE OF MAH

¶137

Advocate for Petitioners : Mr. Rakhunde Pravin B APP for Respondents: Mr. S.N.Kendre.

¶138

... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶139

PER COURT :-

¶140

Heard.

¶141

At the request of learned counsel Mr. Rakhunde, leave granted to add M.S.E.D.C.L. as party respondent No.2, in the present appeal. Amendment to be carried out forthwith.

¶142

Mr. Rakhunde advocate on instructions states that out of fine amount of Rs.8,500/-, amount of Rs.2,000/- was deposited before the Trial Court on 3.10.2011 and balance amount of fine of Rs.6,500/was deposited thereafter within 15 days before the learned trial court and said statement is accepted and taken on record.

¶143

ADMIT.

¶144

Learned APP Mr. Kendre waives service of notice for respondent No.1 after admission.

¶145

Notice of added respondent No.2 is made returnable within six weeks.

¶146

( SHRIHARI P. DAVARE, J. )

¶147

aaa/-

¶148

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶149

CRIMINAL APPEAL NO. 587 OF 2011

¶150

SURYABHAN DAGDU BHURE VERSUS

¶151

THE STATE OF MAHARSHTRA AND ORS

¶152

... Advocate for Petitioners : Mr. P.R.Kadam h/f Tripathi Manish P. APP for Respondents: Mr. S.G.Nandedkar.

¶153

... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶154

PER COURT :-

¶155

This is an appeal filed by the appellant/original complainant under section 372 of Code of Criminal Procedure challenging the order dated 24.8.2011. At the request of learned counsel for the appellant, stand over for three weeks.

¶156

Meanwhile, Learned APP Mr. Nandedkar to verify, "Whether State has filed any appeal or intends to file any appeal challenging the aforesaid judgment till next date.

¶157

( SHRIHARI P. DAVARE, J. )

¶158

aaa/-

¶159

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶160

CRIMINAL APPLICATION NO. 4698 OF 2011 InAPPLN/4697/2011

¶161

THE STATE OF MAH VERSUS DIGAMBER MROTI WAGH AND ORS ... Advocate for Petitioners : Mrs. Y.M.Kshirsagar. ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :-

¶162

Heard.

¶163

Issue notices to the respondents returnable within the period of four weeks i.e. 22.12.2011. Stand over to 22.12.2011.

¶164

( SHRIHARI P. DAVARE, J. )

¶165

aaa/-

¶166

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶167

17 CRIMINAL APPLICATION NO. 2894 OF 2010 ,With APPLN/4287/2010 ,In REVNST/279/2010

¶168

THE STATE OF MAH VERSUS UGAMRAJ BHIKCHAND KOTECHA AND ORS ... Advocate for Petitioners : Public Prosecutor APP for Respondents: ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :-

¶169

( SHRIHARI P. DAVARE, J. ) ...

¶170

aaa/-

¶171

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶172

CRIMINAL APPEAL NO. 232 OF 2011

¶173

M/S DHANLAXMI FINANCE AND INVESTMENT CO UDGIR THROUGH MANAGING PARTNER VERSUS

¶174

AKHIL TRADING COMPANY THR PROPRIETOR AND ANR

¶175

... Advocate for Petitioners : Mr. Gaddime h.f A V Patil (indrale) Advocate Mr. R Deshmukh For R/1 & 2

¶176

... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011

¶177

PER COURT :-

¶178

At the request of learned counsel for respondents, time stands extended for four weeks from today for furnishing bail by the respondents/original accused as per directions dated 29.4.2011.

¶179

2. Hamdast permitted.

¶180

( SHRIHARI P. DAVARE, J. )

¶181

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¶182

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶183

21 CRIMINAL APPEAL NO. 243 OF 2011

¶184

SANJAY ANANDA MOKALE AND ORS VERSUS THE STATE OF MAHARASHTRA

¶185

... Advocate for Petitioners : Laddha Somnath G. APP for Respondents: ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :-

¶186

( SHRIHARI P. DAVARE, J. )

¶187

aaa/-

¶188

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶189

22 CRIMINAL APPEAL NO. 475 OF 2000

¶190

VITHAL GORDKH SHINDE VERSUS SANGRAM NARSING PANCHAL ... Advocate for Petitioners : P R Tandale V V Tamke And N.p.patil Jamalpurkar For R/sole ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :-

¶191

( SHRIHARI P. DAVARE, J. )

¶192

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The State of Maharashtra v. Allauddin Mahammad Husain and Anr.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Allauddin Mahammad Husain and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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