1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.661/2009 in CRIMINAL APPLICLATION NO.2821/2005 Kumar @ Tukaram s/o Masaji Ghansawant - APPLICANT VERSUS The State of Maharashtra. - RESPONDENT ***** Mr.S.B.Talekar,Advocate for Applicant; Mrs.BR Khekale, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 21st August, 2009. PER COURT : 1) Heard learned Counsel. 2) The non-prosecution of the matter in time made the applicant herein to suffer for dismissal of Criminal Application No.2821/2009 by virtue of the orders dated 18.1.2007. The steps could not be taken as the Counsel lost track of the matter. In the process, there is delay of 734 days in causing to file the application seeking restoration or Criminal Application No. 2821/2009. 3) Incidentally, I have gone through the controversies in the matter. An application under 2 Section 321 of Cr.P.C. was moved by learned Public Prosecutor before learned JMFC, seeking to withdraw the prosecution initiated against the applicant/accused. However, learned Magistrate did not approve of the said application dated 18.2.2004 and by order dated 23rd February, 2005, rejected the same. 4) Criminal Revision Application No. 43/2005 was preferred before the learned Additional Sessions Judge. However, the learned Sessions Judge also turned down the request by order dated 20th August, 2005. 5) In the situation, the delay of 734 days causing in filing the application, seeking restoration, is condoned. Criminal Application No.2821/2005 is restored to its original position. Criminal Application No.661/2009 is allowed in above terms. 6) The Counsel will implead the original complainant in the Criminal Application No. 2821/2005 within fifteen days. 7) After impleadment, issue notice to the added Respondent, returnable on 30th September, 2009. ( K.U.CHANDIWAL ) JUDGE bdv/cran661.09