922.WP-1545.24.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1545 OF 2024 Mayuri Ganesh Kute & Anr. … Petitioners V/s. Ganesh Suryakant Kute & Ors. …. Respondents ______________________ Mr. Lakshyaved R. Odhekar a/w Ms. Janki A. Bhide, Mr. Omkar Mhasde and Mr. Sujen R. Shaikh, for the Petitioners. Mr. Prathamesh Deshpande, for Respondent Nos.1 to 3. Ms. S.M. Yadav, APP for the Respondent-State. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 14 OCTOBER 2026 P. C. :- 1. Heard Mr. Odhekar, learned counsel appearing for the Petitioners and Mr. Deshpande, learned counsel appearing for the Respondent Nos.1 to 3. 2. By this Writ Petition, challenge is to the order dated 14 September 2022 passed by the learned Judicial Magistrate, First Class, Nashik (JMFC) in Criminal Misc. Application No.94 of 2021 by which the delay in filing the application for setting aside ex Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.10.16 11:43:14 +0530 922.WP-1545.24.DOC parte order has been condoned. The Appeal filed challenging the same has also been dismissed. 3. Condonation of delay is a discretionery order and nothing is pointed out to show that the said discretion is not properly exercised. 4. Apart from the merits, it is required to be noted that after filing of the petition, the Petitioner No.1 has remarried. 5. Thus, in the facts and circumstances, no interference in the impugned order is warranted particularly in Writ jurisdiction which is discretionary and extraordinary. 6. Accordingly, the Writ Petition is disposed of. [ MADHAV J. JAMDAR, J.] Page 2 PPN