Nitesh Kawaduji Meshram vs Diksha W/O Nitesh Meshram
2021 Latest Caselaw 1651 Bom

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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                      NAGPUR BENCH, NAGPUR

                             CRIMINAL APPLICATION (APPR) NO.39/2020
                                                 IN
                         CRIMINAL REVISION APPLICATION NO............./2021
                                     Nitesh Kawaduji Meshram
                                               ..vs..
                                    Diksha w/o Nitesh Meshram
...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions                                                        Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
                                 Ms K.M.Joshi, Counsel for the applicant.
                                 Ms S.H.Bhatia, Counsel for the non-applicant (appointed).

                                                           CORAM                    : V.M.DESHPANDE J.
                                                           DATED                    : JANUARY 25, 2021.


                               1.                          This is an application for condonation of delay in
                               filing a criminal revision application.
                               2.                          Heard learned counsel Ms K.M.Joshi for the
                               applicant and learned counsel Ms S.H.Bhatia appointed for the
                               non-applicant.
                               3.                          The applicant intends to file a criminal revision
                               before this Court challenging judgment and order dated
                               23.9.2019 passed by learned 9th Additional Sessions Judge,
                               Nagpur in Criminal Appeal No.322/2018. The said appeal was
                               filed by the applicant under Section 29 of the Protection of
                               Women From Domestic Violence Act, 2005.
                               4.                          The revision is barred by 52 days and, therefore,
                               this application is moved.                                    The said application is filed on
                               affidavit. Though the non-applicant is served long back, till today
                               reply to this application is not filed.
                               5.                          Learned counsel Ms S.H.Bhatia appointed for the



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        non-applicant submitted that the applicant being a police
        constable ought to have more vigilant and diligent while
        approaching to this Court and she submitted that the application
        be rejected.
        6.                On oath it is stated that by the applicant that the
        applicant is discharging his duties as police constable at Umred
        Police Station. However, he could not leave Umred because of
        fact that he was not granted leave.
        7.                After hearing learned counsel for parties and after
        having gone through uncontroverted facts made on oath, this
        application needs to be allowed. Hence, I pass following order:
                                           ORDER

(1) The criminal application is allowed. (2) Delay of 52 days in filing criminal revision application is hereby condoned.

(3) Office is directed to register the criminal revision. (4) Learned counsel Ms S.H.Bhatia appointed for the non- applicant, is entitled to receive Rs.500/- towards her professional charges.

The criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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