The High Court restored a criminal writ petition dismissed for non-prosecution due to lack of a spare copy, issuing a two-week deadline to supply the document and directing notice issuance after compliance.
The order of dismissal of the petition is recalled and the petition is restored back to its original file.
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.
Digitally signed RUPALI by RUPALI RAJESH RAJESH WAKODIKAR WAKODIKAR Date: 2023.02.27 12:51:40 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 674 OF 2023
IN
CRIMINAL WRIT PETITION NO. 5563 OF 2018
Mayur Prakash Doshi...Applicant
Versus
The State of Maharashtra & Anr....Respondents
Mr. Sanjay Singh, for the Applicant.
Mr. K.V.Saste, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ. DATE : 23rd FEBRUARY, 2023
P.C.:
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks restoration of the
aforesaid petition which was dismissed for non-compliance of the
order dated 5th December, 2022. It appears that the applicant had
failed to supply a spare copy in the Registry within the stipulated time,
pursuant to which, the petition was dismissed for non-prosecution.
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Wakodikar
3.For the reasons set out in the application, the order of
dismissal of the petition is recalled and the petition is restored back to
its original file.
4.Learned Counsel for the applicant to supply a spare copy
within two weeks from today, in the Registry of this Court, failing
which, the petition shall stand dismissed for want of non-prosecution,
without further reference to this Court.
5.On supplying a spare copy in the Registry of this Court,
notice be issued to the respondent No.2 returnable on 20th April,
2023.
6.The application is disposed of on the aforesaid terms.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
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Wakodikar
Mayur Prakash Doshi
The State of Maharashtra
Revati Mohite Dere
Prithviraj K. Chavan
As recorded by the court registry
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