Interim applications filed to restore two Criminal Appeals dismissed for non-prosecution were allowed as they were filed within the limitation period based on the grounds stated in the applications.
Restoration of Criminal Applications (APL) Nos. 1452 and 1453 of 2016 in terms of prayer clause (a).
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8-Ia-1333-2023.odt
Osk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1333 OF 2023
IN
CRIMINAL APPLICATION (APL) NO. 1452 OF 2016
Sunita Rakesh Tiwari @
Ms. Sunita Shrikant Mishra
V/s.
The State of Maharashtra & Anr.
WITH
INTERIM APPLICATION NO. 1327 OF 2023
IN
CRIMINAL APPLICATION (APL) NO. 1453 OF 2016
Santosh Shrikant Mishra & Ors.… Applicants
V/s.
The State of Maharashtra & Anr.
Mr. Govind B. Solanke for Applicant.
Mr. S.S. Hulke, A.P.P. for Respondent No.1-State.
CORAM : A. S. GADKARI AND
PRAKASH D. NAIK, JJ.
DATE : 18th April 2023.
P.C. :
1. These are applications for restoration of Criminal Application
(APL) Nos. 1452 of 2016 and 1453 of 2016, which were dismissed for non
prosecution by a common Order dated 13th March 2023.
2. Present applications are filed within the period of limitation.
3. For the reasons stated in the Applications, both the Applications
are allowed in terms of prayer Clause (a).
[ PRAKASH D. NAIK, J. ]
Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2023.04.19 14:19:54 +0530
1/1
1 issue framed by the court
Whether the applications for restoration of Criminal Appeals are admissible within the period of limitation.
Sunita Rakesh Tiwari @ Ms. Sunita Shrikant Mishra
The State of Maharashtra
Santosh Shrikant Mishra
The State of Maharashtra
A. S. Gadkari
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court