1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.417 OF 2011 (FOR SETTING ASIDE DISMISSAL) IN CRIMINAL APPLICATION NO.5185 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Vinod M. Joshi & Anr. ...Applicants. v/s Shri Vijay Singh R. Verma & Ors. ...Respondents. Mr. Pramit Mishra i/by M/s Bhandary & Bhandary ,advs. For the Applicants. Mr. Kuldeep S. Patil, adv. For the Respondent No.1. Smt. S.V.Sonawane, APP for the R.No.4. CORAM : J.H. BHATIA, J. DATED : AUGUST 18 , 2011. P.C. 1 Heard the learned counsel for the applicants and the learned counsel for the respondent no.1. It appears that in Criminal Application No.5185/2009 for condonation of delay in filing the appeal, accused/respondent nos.1 and 3 were served and the respondent no.1 had also appeared. Respondent no.2 was not served in spite of conditional order to complete service within specified period and, therefore, application itself came to be dismissed. By this application, the applicant seeks restoration of the Criminal Application No.5185 of 2009. The 2 learned counsel points out that he had already taken steps for service to the respondent no.2 but the police report came late showing that the respondent no.2 was not available at the given address and, therefore, there was no fault on his part. 2 In fact, as the accused nos.1 and 3 were already served, said application could not have been dismissed against the respondent nos.1 and 3 and could be dismissed only against the respondent no.2, who is not served in spite of conditional order. To that extent dismissal of that application against the respondent no.2 is also not correct. As the learned counsel has explained that there was no fault on part of the applicant even for taking steps to serve the respondent no.2, therefore, in my opinion, it will be in the interest of justice to allow this application. 3 Therefore, this application is allowed and Criminal Application No.5185 of 2009 is hereby restored to the file. 4 This application stands disposed off. 5 In Criminal Application No.5185 of 2009, applicant to take steps to serve the respondent no.2 and 3 again. (J.H. BHATIA,J.)