Sau. Vishakha @ Prapti W/O Prashil ... vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 12378 Bom

                                             1                          APPP1460.21.odt

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

              CRIMINAL APPLICATION (APPP) NO.1460/2021 IN
              CRIMINAL APPLICATION (APL) NO. 908/2015 (D)

  Sau. Vishakha alias Prapti w/o Prashil Nagpure .vs. State of Maharashtra
               through PSO P.S. Ajni, Dist. Nagpur and anr.
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions           Court's or Judge's orders.
and Registrar's Orders.
                     Mr.S.M. Khanzode, Advocate for applicant-non applicant no.2.
                     Mr. S. M. Ghodeswar, A.P.P. for non applicant no.1-State.
                     Mr. S.D.Chande, Advocate for non applicant nos.2 to 5-applicants.

                     CORAM : V.M. DESHPANDE AND AMIT B. BORKAR, JJ.

DATED : SEPTEMBER 1, 2021

This is an application for recalling of judgment and order dated 03.03.2021 passed by this Court (Coram: Z. A. Haq and Amit B. Borkar, JJ.) in Criminal Application (APL) No.908/2015. The present application is moved by original complainant, who was non applicant no.2 in Criminal Application (APL) No.908/2015.

Mr. Khanzode, learned counsel for applicant submits that order dated 03.03.2021 is obtained by original applicant by suppressing material facts from this Court i.e. though it was known to the applicants that discharge application is dismissed the said fact was not brought to the notice of this Court.

Issue notice to the non applicants.

Mr. Ghodeswar, learned A.P.P. waives notice for non applicant no.1-State. Mr. Chande, learned counsel

2 APPP1460.21.odt

suo motu appears for non applicant nos. 2 to 5 and waives notice for them. At his request, put up this matter on 15.09.2021.

In the meanwhile, the non applicants are permitted to file reply.

Mr. Ghodeswar, learned A.P.P. is directed to obtain instructions from his counterpart about the factum of decision of the discharge application.

                                    JUDGE                             JUDGE




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