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2026 DAILYLAW 8633 (BOM)

SANJAY MAHADEVAPPA NILA AND ANOTHER v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/902/2026 · 2026-09-09

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Judgment text

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-1- 921-APPLN-902-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 902 OF 2026 IN WP/919/2025 SANJAY MAHADEVAPPA NILA AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ..... Advocate for Applicants : Mr. S. S. Jangada h/f. Mr. N. P. Patil Jamalpurkar APP for Respondent - State : Mr. V. K. Kotecha ..... CORAM : HITEN S. VENEGAVKAR, J. DATED : 9th SEPTEMBER 2026 PER COURT : 1. Heard. 2. Learned Advocate for the applicants submits that the the present application is preferred for recalling the order of dismissing the original proceedings for non-prosecution as the applicants failed to take steps to serve the respondent no.2 within the prescribed time. The learned Advocate for the applicants submits that it was an inadvertent mistake and he tenders unconditional apology with an assurance to the Court that the steps and necessary office objections will be removed within a period of two weeks from today. 3. Taking into consideration the explanation tendered in the application and also the assurance and apology tendered by the 2026:BHC-AUG:41718 -2- 921-APPLN-902-2026 learned Advocate for the applicants across the bar, I am inclined to allow the application. Hence, the following order : ORDER (i) The application stands allowed in terms of prayer Clause (B), (C) and (D). (ii) The order dated 22.01.2026 stands recalled. (iii) The original proceedings bearing Criminal Writ Petition No.919 of 2025 stands restored to its original file. (iv) Learned Advocate for the applicants is directed to remove the office objections within a period of two weeks from today. (v) The application stands disposed of. (HITEN S. VENEGAVKAR) JUDGE Tandale