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Bombay High Court

Subhash Gangadhar Chutke And Anr vs The State Of Maharashtra And Anr on 1 March, 2019

Author: Mridula Bhatkar

Bench: Mridula Bhatkar

                                                                           14.APPW484_2018.doc


Vidya Amin.
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL APPLICATION NO. 484 OF 2018
                                               IN
                             CRIMINAL WRIT PETITION NO. 1660 OF 2006

              Subhash Gangadhar Chutke & Anr.                      ...        Applicants
                    vs.
              State of Maharashtra & Anr.                          ...        Respondents

              Mr. Rupesh Lanjekar i/b. Mr. Sameer P. Nangre, Advocate for the
              applicants.
              Ms. Ridhima Mangaonkar i/b. Mr. B.P. Pandey, Advocate for
              respondent no. 2.
              Mr. A.R. Patil. Addl. P.P. for the respondent no. 1/State.

                                                  CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 1st March, 2019 P.C. :

The copy of the Application is to be served on the learned counsel for the respondent no. 1.

2. This Application is moved for restoration of Writ Petition, which was dismissed on 1st October, 2018 for non-prosecution.

3. The learned counsel for the applicants submitted that the Writ Petition is already admitted and he is pursing this matter since 2006. He submitted that though the matter was listed on Final 1 of 2 ::: Uploaded on - 02/03/2019 ::: Downloaded on - 12/03/2019 21:06:53 :::

14.APPW484_2018.doc Hearing on 1st October, 2018, the counsel could not remain present and therefore, the matter was dismissed for non- prosecution. The learned counsel submitted that if the Petition is restored, he will argue the matter. He submitted that this Application for restoration is filed within time.

4. The learned counsel for the respondent no. 1 submits to the order of the Court.

5. Writ Petition is already admitted. In view of the uncontroverted submissions, the order dated 1 st October, 2018 is recalled. Writ Petition is restored to its original file along with the interim order, if any, passed therein.

6. Criminal Application is allowed and is disposed of accordingly.

7. Writ Petition is to be placed for Final Hearing in the month of April, 2019.

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