Dashrath Mahadev Dolare vs Anita Dasharath Dolare And Anr
2022 Latest Caselaw 525 Bom

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SHAGUFTA Q PATHAN
Q PATHAN Date:                                                              13-WP6442-2021.doc
         2022.01.14
         16:36:18
         +0530
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL WRIT PETITION NO.6442 OF 2021

                  Dashrath Mahadev Dolare                            ...Petitioner
                       Versus
                  Anita Dasharath Dolare & Ors.                       ...Respondents


                  Mr. Vijay Killedar for the Petitioner

                  Ms. Anamika Malhotra, A.P.P for the Respondent No.2-State

                                            CORAM : REVATI MOHITE DERE, J.

(THROUGH VIDEO-CONFERENCING) FRIDAY, 14th JANUARY 2022

P.C. :

                  1            Heard learned counsel for the petitioner.



                  2            The petitioner is aggrieved by the order dated 12 th July 2021

passed by the learned Additional Sessions Judge, Solapur in Criminal Misc.

Application No. 150/2019, by which, the learned Judge was pleased to

reject the petitioner's application i.e. Criminal Misc. Application No.

150/2019, seeking condonation of delay of 3 years 11 months, on the

ground that the reasons given for condoning the delay were not reliable,

satisfactory and acceptable.

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                 3           Learned counsel for the petitioner submits that the petitioner

had filed a revision application seeking set-off, of the maintenance awarded

in one of the two proceedings initiated by the petitioner. He submits that

the said revision application was filed along with an application for

condonation of delay of 3 years and 11 months. According to the learned

counsel for the petitioner, the said proceedings were filed by the petitioner,

pursuant to the liberty granted by the Apex Court to approach the

appropriate Authority. He submits that pursuant to the liberty granted by

the Apex Court to approach the appropriate Authority, the petitioner

immediately filed the said revision application along with an application for

condonation of delay i.e. within 10 days from the order of the Apex Court.

He submits that in this view of the matter, the learned Judge ought not to

have rejected the petitioner's application seeking condonation of delay and

instead, should have condoned the delay and heard the revision application

seeking set-off, on its own merits. Learned counsel for the petitioner relied

on the Apex Court judgment in the case of Rajnesh vs. Neha & Anr.1.

4 Issue notice to the respondents, returnable on 24th January

2022. Learned A.P.P waives notice on behalf of the respondent No.2-State.

1    (2021) 2 SCC 324

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In addition to Court notice, petitioner to serve the respondent No. 1 by

Advocate's notice and file an affidavit of service before the returnable date.

5 Notice to indicate that an endeavour shall be made to dispose

of the petition finally, at the stage of admission.

REVATI MOHITE DERE, J.

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