Application for restoration of a Criminal Writ Petition dismissed for non-prosecution, involving a 37-day delay in filing. The court found sufficient cause, condoned the delay and allowed the application in terms of prayer clauses (a), (b) and (c).
Delay of 37 days condoned; writ petition restored per prayer clauses (a), (b) and (c).
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RVC 24 Ia-129-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.129 OF 2024
IN
CRIMINAL WRIT PETITION NO. 1399 OF 2013
Dr. Amitabha De
… Applicant
V/s.
The State of Maharashtra
… Respondent
Mr. Neel Helekar for Applicant.
Mr. S.V. Gavand, APP for Respondent-State.
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 21st February 2024
P.C. :
1)This is an application for restoration of Criminal Writ Petition
No.1399 of 2013, which was dismissed for non-prosecution by Order dated
23rd October, 2023.
There is a delay of 37 days in preferring present Application.
2)Perusal of Application indicates that, sufficient cause is made out
for condonation of delay and restoration of Petition.
3)In view thereof, delay is condoned and Application is allowed in
terms prayer clauses (a), (b) and (c).
( SHYAM C. CHANDAK, J. )( A.S. GADKARI, J. )
Digitally signed RAJESH by RAJESHVASANT VASANT CHITTEWAN CHITTEWAN Date: 2024.02.27 15:22:39 +0530
1/1
1 issue framed by the court
Should the 37-day delay in seeking restoration of the dismissed Criminal Writ Petition be condoned?
Dr. Amitabha De
The State of Maharashtra
A. S. Gadkari
Shyam C. Chandak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court