1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1185 OF 2010 IN CRIMINAL APPLICATION NO.1319 OF 1996 Balasaheb Bhagwatrao Reddy ..APPLICANT -VERSUS- The State of Maharashtra and others ..RESPONDENTS ......... Mr. S.P. Katneshwarkar, advocate for applicant. Mr. V. D. Godbharle, A.P.P. for respondents. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 9th September, 2010. PER COURT : 1. Heard. The application is for restoration of the original Petition and another application is filed for condonation of delay. The delay is of 3284 days, which approximately comes to more than 10 years. Dismissal order was passed on 23rd January, 2010 of which the applicant is praying for recalling. 2. The reasons assigned by the applicant in his application that he was posted from place to place in his employment as Police Inspector and was unable to contact his Advocate. He further submits that his Advocate later on became Judge of this Court and thereafter, he has lost track of the matter. 2 3. On query, the learned Advocate for the applicant submits that earlier Advocate of the applicant became Judge of this Court in the year 2006. The applicant being the Police Officer, ordinarily, it was expected from him that he would congratulate his Advocate immediately and will ask about future of his brief. The applicant is not a naive person. Considering the explanation given in the application, it does not stand to reason that the contact of the applicant is that of a alert litigant. The maxim known "Vigilantibus non dormientibus jura subveniunt" is squarely attracted. No substantial case is made out for condonation of delay. Hence, the application is dismissed. (V.R.KINGAONKAR) JUDGE gas/cri1185.10