1/3 cri.appln. 4155.12 in cri.appln. 1156.06 in wp 524.00 (Sr.No.21).sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD. CRIMINAL APPELLATE JURISDICTION. Criminal Application No.4155 Of 2012. In Criminal Application No.1156 Of 2006. In Criminal Writ Petition No.524 OF 2000. Mehboob Shah s/o Baban Shah Fakir :: Applicant. V e r s u s The Sarpanch Anil s/o Nilkanth Shinde & Ors. :: Respondents. Appearance => Mr. S.S. Kazi, Advocate [ Appointed ] for the Applicant. Mr. S.D. Kaldate, A.P.P. for the State of Maharashtra. Mr. R.M. Deshmukh, Advocate for Resp.Nos. 1 to 6 & 10. CORAM : S.S. Shinde & V.M. Deshpande, JJ. DATE : 24th February, 2014. Per Court :- This Criminal Application is filed for condonation of delay of 1349 days caused in filing Criminal Application for restoration of Criminal Application No.1156/2006 to its original position, by setting aside the order dated 27th November, 2008 passed by this Court (Coram : P.V. Hardas & P.R. Borkar, JJ.) G.A.Ghule 2/3 cri.appln. 4155.12 in cri.appln. 1156.06 in wp 524.00 (Sr.No.21).sxw (2) The learned counsel appearing for Resp.Nos. 1 to 6 & 10 has placed on record copies of the Judgments passed by the Judicial Magistrate, First Class, Amalner in :- (i) Regular Criminal Case No.224/2004 (Gulabshah Mehboob Shah Fakir V/s. Anil Nilkant Shinde & Ors. Judgment Date : 26th August, 2010. (ii) Regular Criminal Case No.183 Of 2002 (Mehboobshah Babanshah Fakir, deceased through S.M. Fakir V/s. Anil Nilkant Shinde & Ors.) Judgment Date : 26th August, 2010, and (iii) Regular Criminal Case No.28/2000 (Bashirshah Mehboob Shah Fakir V/s. Anil Nilkant Shinde & Ors.) Judgment Date : 26th August, 2010. It appears that, the learned Judicial Magistrate, F.C., Amalner on 26th August, 2010 has passed the final Judgments and orders in above mentioned three criminal cases. (3) Mr. R.M. Deshmukh, the learned counsel appearing for Resp.Nos. 1 to 6 & 10 has tendered across the bar one chart indicating that, above mentioned three criminal cases have been disposed off and further no Appeal is preferred against the said Judgment/s. Said Chart is taken on the record and marked as "X" for identification purpose. (4) The learned counsel appearing for the applicant submits that, Criminal Appeals are already filed. In the light of the above and considering 3/3 cri.appln. 4155.12 in cri.appln. 1156.06 in wp 524.00 (Sr.No.21).sxw the fact that, R.T.C. Nos. 224/04, 183/02 & 20/2000 have been disposed off on 26/08/2010, there is no question of restoration of Criminal Application No.1156/2006; since the competent court has already delivered the Judgments. (5) Apart from that, there is inordinate delay of 1349 days caused in filing Criminal Application for restoration of Criminal Application No.1156/2006, which is not satisfactorily explained by giving plausible explanation. (6) We are not inclined to entertain this Application. However, we make it clear that, we have not expresses any opinion about the appropriate remedy available to the applicant to challenge the Judgment and Orders in aforementioned Regular Criminal Cases. Criminal Application stands rejected. (7) Mr. S.S. Kazi, Advocate [ Appointed ] for the Applicant. His fee is quantified at Rs.1500/- [Rs.One Thousand Five Hundred only]. (V.M. DESHPANDE, J.) (S.S. SHINDE, J.)