In Criminal Application No. 1728 of 2023, the High Court of Bombay Bench at Aurangabad allowed the applicant's application for restoration of a dismissed Writ Petition, directing service of notice on respondents within one week or face dismissal.
Restoration of Criminal Writ Petition No. 1295/2022, with one week to serve notice.
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.
49-Criappl-1728-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1728 OF 2023 IN WP/1295/2022
RAJESH @ RAJU JAMBU ADHE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Applicant : Mr. Abid R. Shaikh h/f Mr. S. N. Deshmukh
APP for Respondent No.1-State: Mr. S. P. Deshmukh
CORAM: S. G. CHAPALGAONKAR, J.
DATE:04.09.2023
PER COURT :
1. The applicant seeks restoration of criminal writ petition no.1295/2022, which has been dismissed vide conditional order dated 23/03/2023.
2. It appears that the notice of respondents was unserved. The applicant/petitioner was granted three weeks’ time to take steps by conditional order. However, the petitioner failed to take steps within the stipulated period. Resultantly, criminal writ petition is dismissed for want of steps.
3. Learned Advocate appearing for the applicant submits that although he made his efforts to find out the fresh addresses of the unserved respondents, he could not get it within the stipulated period and consequently, criminal writ petition is
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49-Criappl-1728-2023.odt
dismissed for want of steps. He submits that, now the applicant
has got the fresh addresses of unserved respondents and he is
ready to furnish the same for issuance of notice.
4. Considering the submissions advanced, the application is allowed in terms of prayer clauses – (B) and (C) and the same is disposed of accordingly.
5. The applicant shall furnish fresh addresses of the unserved respondents and shall take further steps for the service within a period of one week from today. In case of failure, the order dated 23/03/2023 shall govern the proceedings.
[S. G. CHAPALGAONKAR] JUDGE
Sameer
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1 issue framed by the court
Whether the applicant deserves restoration of the dismissed Writ Petition allowing him to serve notice on respondents within a stipulated time.
RAJESH @ RAJU JAMBU ADHE
THE STATE OF MAHARASHTRA AND OTHERS
S. G. CHAPALGAONKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court