Citation : 2024 Latest Caselaw 24377 Bom
Judgement Date : 19 August, 2024
1 appp1230.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPP) NO.1230/2024
IN
CRIMINAL APPLICATION (APL) NO.615/2024 (D)
(Ramati Narayan Singh Vs. Idrish S/o Manjur Khan and others)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Shakil Deshmukh, Advocate for the applicant.
CORAM: VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ.
DATED: 19.8.2024.
Heard.
2. This is an application to recall the judgment and order dated 18.6.2024 passed in Criminal Application (APL) No.615/2024.
3. It is contended that without hearing the present applicant this Court has rendered the impugned decision. Hence matter needs to have a re-look by way by of recall of the order.
4. Applicant's learned Advocate would submit that notice of Criminal Application (APL) No.615/2024 was served on informant on which she instructed a lawyer to appear. It is contended that mistakenly lawyer forget to mail vakalatnama. In such a background, on the first date, the matter was disposed of. In support of his contentions, applicant's learned Advocate has relied on two judgments of Hon'ble Apex Court
(i) Ganesh Patel V/s. Umakant Rajoria reported in 2022 SCC OnLine SC 2050 and (ii) Vishnu Agrawal V/s. State of Uttar Pradesh and another reported in (2011) 14 SCC 813.
5. Issue notice to the non-applicants returnable on 2 appp1230.2024
18.9.2024.
6. Ms. K.H. Bhondge, learned A.P.P. waives notice for non-applicant No.1/State.
(MRS.VRUSHALI V.JOSHI, J.) (VINAY JOSHI, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 21/08/2024 11:36:33
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