Criminal Application filed by an applicant in person seeking recall of an order was dismissed due to repeated absence on hearing dates, invoking the specific direction for dismissal for want of prosecution.
The application is dismissed for want of prosecution.
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1 / 2 02-APPW 258.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPW) NO. 258 OF 2019 IN
CRIMINAL WRIT PETITION NO. 888 OF 2019 (D) Rekha w/o Kashinath Taksande
vs.
State of Maharashtra and others
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Applicant-in-person.
Mr. M. J. Khan, APP for respondent No.1 State.
CORAM : MANISH PITALE AND
VALMIKI SA MENEZES JJ.
DATE : 12/08/2022
By this application, the applicant who
happens to appear in person is seeking recall of order
dated 11/04/2016 and some other reliefs are also
sought.
2.We have perused the record and we find
that on 09/03/2022, the petitioner in person was not
present in the morning session and the matter was
kept in the afternoon session. She remained absent,
as consequence of which the present application was
adjourned to be placed after the summer vacation.
On 07/06/2022, the applicant was again absent and
KOLHE
2 / 2 02-APPW 258.2019
hence, the matter was adjourned for six weeks. On
20/07/2022, when the application was listed, this
Court passed the following order :-
“1. Applicant is absent. She was absent even on previous occasions i.e. on 09.03.2022 and 07.06.2022. The applicant has been shown to be party in person therefore, in order to give further opportunity to the applicant, put up this matter after two weeks.
2. If the applicant remains absent on the next date of hearing, this application shall be dismissed for want of prosecution.”
3.Accordingly, the application came up for
consideration before us today. Even today, though
the application is listed for hearing, the petitioner in
person is absent.
4.In view of the above, the application is
dismissed for want of prosecution.
JUDGE
JUDGE
Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:17.08.2022 14:59
KOLHE
Rekha w/o Kashinath Taksande
State of Maharashtra
MANISH PITALE
VALMIKI SA MENEZES
As recorded by the court registry
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