Dismissed

R.D. Bokde and 2 Ors. v. State of Mah. Thru. Pso Ashti and Anor.

Bombay HC25 Sept 2012APPP/642/2012

Case brief

AI extract

What is this about?

The applicant sought restoration of a dismissed criminal writ petition after a delay of 707 days for misplacing the file during office shifting. The court held this reason insufficient, as the cause list is online, and rejected the application, disposing of it without merit.

What did the court decide?

Application for restoration of the criminal writ petition is disposed of as it lacks merit due to unexplained delay.

R.D. Bokde and 2 Ors. Vs State of Mah. Thru… — Civil Procedure and Limitation | Bombay HC (2012)

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1 appp642.12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR

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CRIMINAL APPLICATION (APPP) NO.642 OF 2012 IN CRIMINAL APPLICTION (APPW) NO.65 OF 2012 IN

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CRIMINAL WRIT PETITION NO.653 OF 2008(D)

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(Shri R.D. Bokde and others ..vs.. State of Maharashtra and another)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr. S.J. Khandalkar, Advocate for the applicants, Mr. J.B. Jaiswal, Addl.P.P. for the non-applicant/State.

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CORAM : M.L.TAHALIYANI, J. DATED : 25-09-2012.

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Heard learned Counsel Mr. S.J. Khandalkar for the applicants and learned Additional Public Prosecutor Mr. J.B. Jaiswal for the non-applicant/State.

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There is delay of 707 days in filing application for restoration of Criminal Writ Petition No.653/2008. Criminal Writ petition No.653/2008 was filed by the applicants against non-applicant No.1/State of Maharashtra and non-applicant No.2 Madhav Vinayakrao Ajane (original complainant).

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The applicants are facing trial for the offences punishable under Sections 294 and 506 read with Section 34 of the Indian Penal Code before the learned Judicial Magistrate First Class. Criminal Writ Petition No.653/2008 was filed for quashing the order of process as the applicants did not get any relief in the revision application filed by them before the Sessions Court. The proceedings before the trial Court were directed to be stayed during pendency of

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2 appp642.12.odt

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Criminal Writ Petition No.653/2008. The said criminal writ petition came to be dismissed on 8^th June, 2010 as none had appeared for the petitioners.

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The application for restoration of the said criminal writ petition has now been filed, which is delayed by 707 days. I have gone through paragraph 2 of the application for condonation of delay. The reasons stated for condonation of delay is that during shifting of office of advocate for the applicants, file was misplaced and therefore, there was delay in filing application for restoration of writ petition. In my opinion, the delay of 707 days cannot be explained on this ground particularly because the cause list is displayed daily on the Internet and if the petition of the petitioners/ applicants had not been listed for so many days, he should have been anxious to know the reasons and should have reached the office of Registrar (Judicial) of this Court. In my considered opinion, the delay has not been properly explained. There is no merit in the application. The application stands disposed of accordingly.

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JUDGE

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pma

R.D. Bokde and 2 Ors. v. State of Mah. Thru. Pso Ashti and Anor.

Case brief

What is this about?

What did the court decide?

R.D. Bokde and 2 Ors. v. State of Mah. Thru. Pso Ashti and Anor.

Case brief

What is this about?

What did the court decide?

What the court decided

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