In a criminal miscellaneous application, the Bombay High Court allowed the applicant's prayer for restoration of a dismissed criminal application. The court relied on service affidavits and found it in the interest of justice to grant relief.
Restoration of criminal application No.1369 of 2011
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.
31-choudhari same as sr.30.odt
rng
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL MISC.APPLICATION NO.330 OF 2016
in
CRIMINAL APPLICATION NO.1370 OF 2011
Shri Bharat Shroff … Applicant
vs
Angello Fernandes & ors Respondents
Mr.Samarendranath Choudhary for Applicant Mr.P.H.Gaikwad APP for State
CORAM: G.S.KULKARNI, J DATE : 4 JANUARY 2017
P.C.
In addition to Court notice, Advocate for the applicant was permitted to serve respondent nos.1 to 3 by Advocate's notice and file affidavit of service before the returnable date. In pursuance of the said order, learned counsel for the applicant has placed on record affidavit of service of Mr.Sumar Choudhury Advocate of the applicant inter alia stating that service on respondent nos.1 to 3 as directed by the Court is complete in as much as service has been received by respondent nos. 1
to 3. The said affidavit is taken on record. Respondent no.1 has refused
31-choudhari same as sr.30.odt
rng
to accept the envelope containing the notice of the applicant's Advocate. The postal acknowledgment to that effect is annexed to the affidavit. By this application, the applicant is seeking restoration of criminal application No.1369 of 2011 which was dismissed by this Court for nonprosecution by an order dated 20.11.2015.
{G.S.KULKARNI, J}
1 issue framed by the court
Whether criminal application No.1369 of 2011 can be restored after being dismissed for non-prosecution.
Shri Bharat Shroff
Angello Fernandes
G.S.KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
