The Bombay High Court rejected Criminal Application No. 1347 of 2015 and disposed of the pending application No. 49 of 2017 due to lack of progress over two years and the applicant's failure to appear.
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.
(3)-APL-1347-15 & APPP-49-17.sxw
BDPSPS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1347 OF 2015
Jayesh Shyam Seernani ..Applicant Versus The State of Maharashtra ..Respondent
ALONGWITH CRIMINAL APPLICATION STAMP NO.49 OF 2017 IN CRIMINAL APPLICATION NO.1347 OF 2015
Mr. Hrishikesh Shah ..Applicant IN THE MATTER BETWEEN Jayesh Shyam Seernani ..Applicant Versus The State of Maharashtra ..Respondent
Mr. Sagar Tambe i/by Mr. Tapan Thatte, Advocate for the Applicant.
Mr. Rajan Salvi, APP for the Respondent - State.
CORAM: B. R. GAVAI & B. P. COLABAWALLA, JJ. DATE: 17th JANUARY, 2018
P.C.:-
1] When the matter was listed on 10/01/2018, none appeared on behalf of the Applicant and as such, the matter was directed to be kept
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(3)-APL-1347-15 & APPP-49-17.sxw
today for dismissal. Today, when the matter is called out, learned Counsel for the Applicant seeks further adjournment.
2] Criminal Application is filed in the year 2015. For the period of last more than two years, no progress has been done in the matter. Perusal of the orders would reveal that, on various occasions either the Applicant has not been present or sought time.
3] In that view of the matter, we are not inclined to entertain Criminal Application No.1347 of 2015. Application is rejected. In view of disposal of Criminal Application No.1347 of 2015, nothing survives in Criminal Application No. 49 of 2017 and the same is also disposed of.
(B. P. COLABAWALLA, J. ) (B. R. GAVAI, J. )
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1 issue framed by the court
Whether a criminal application should be entertained when no progress has been made for over two years due to the applicant's absence.
Jayesh Shyam Seernani
The State of Maharashtra
B. R. Gavai
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
