This court disposed of a restoration application filed by an accused. It condoned the delay in filing and restored the dismissed Criminal Application No.1327 of 2016.
Restoration of Criminal Application No.1327 of 2016 allowed; delay condoned; two weeks granted to remove office objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
10-APPA-1610-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1610 OF 2017 IN CRIMINAL APPLICATION NO.1327 OF 2016 IN CRIMINAL APPEAL NO.840 OF 2004
SHRIPAL MARUTI KAMBLE AND ANOTHER )...APPLICANTS
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Ranjeeth Patil, Advocate for the Applicants.
Mr.Y.M.Nakhwa, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 18th DECEMBER 2017
P.C. :
1 This is an application for restoration of Criminal
Application bearing No.1327 of 2016 which was dismissed for
want of prosecution on 15th March 2017. The prayer is also made
to condone the delay in preferring the instant application for
restoration.
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10-APPA-1610-2017.doc
2 Heard the learned advocate appearing for the
applicant/accused as well as the learned APP appearing for the State.
3 By order dated 23rd December 2016 passed in Criminal Application No.1327 of 2016 this court had directed the present applicant/accused to add necessary party by effecting amendment within a period of three weeks. The notice was also ordered to be issued to the newly added party. It is seen that this order was not complied, and therefore, vide order dated 15th March 2017, time of two weeks was granted for removing this office objection with a further direction that if compliance is not done, then the application shall stand dismissed without further reference to the court.
4 The learned advocate for the applicant/accused submitted that he is willing to comply the order dated 23rd December 2016 within a period of two weeks from today, and therefore, the application be restored. He has stated that the mistake was inadvertent and the was bonafide.
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10-APPA-1610-2017.doc
6 For the stated reasons, the delay in filing the application for restoration is condoned and the Criminal Application No.1327 of 2016 is restored to file.
7 The applicant/accused to remove office objections by complying the order dated 23rd December 2016 within a period of two weeks from today.
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2 issues framed by the court
Whether the delay in filing the application for restoration of the impugned criminal application should be condoned.
Whether the Criminal Application No.1327 of 2016 ought to be restored after non-compliance of previous orders.
Shripal Maruti Kamble and Another
The State of Maharashtra
A. M. BADAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
