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Janardan Yellayya Mittapally And … vs The State Of Maharashtra And Anr on 9 January, 2019

913.APPP1452_2018.doc

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

CRIMINAL APPLICATION NO. 1452 OF 2018
WITH
CRIMINAL APPLICATION NO. 1453 OF 2018
IN
CRIMINAL APPLICATION NO. 1196 OF 2016

Janardan Yellayya Mittapally Anr. … Applicants
vs.
The State of Maharashtra Anr. … Respondents

Mrs. Ratna R. Jaiswal, Advocate for the applicants.
Ms. Pallavi N. Dabholkar, APP for the respondent/State.

CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 9th January, 2019

P.C. :

Criminal Application No. 1453 of 2018 is moved for recalling

the order dated 25th September, 2017 of dismissing the Criminal

Application No. 1196 of 2016 for non-prosecution.

2. Criminal Application No. 1452 of 2018 is moved for

condonation of delay of one year and 7 days in filing Criminal

Application for restoration of Criminal Application No. 1196 of

2016.

3. The learned counsel for the applicants submitted that the

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913.APPP1452_2018.doc

applicants are facing charges under sections 498A, 302, 304B of

Indian Penal Code. He submitted that inadvertently Criminal

Application No. 1196 of 2016 went unattended and hence it is to

be restored. He submitted that the delay of one year and 7 days in

filing the Application for restoration may be condoned.

4. Learned APP submits to the order of the Court.

5. In view of the submissions, the order dated 25 th September,

2017 is recalled. Criminal Application no. 1196 of 2016 is restored

to its file along with the orders passed therein. Delay of one year

and 7 days caused in filing the Application for restoration is

condoned.

6. Both the Criminal Applications are allowed and are disposed

of accordingly.

7. Place the Criminal Application No. 1196 of 2016 on 29 th

January, 2019.

(MRIDULA BHATKAR, J.)

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