1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.440 OF 2009 IN CRIMINAL WRIT PETITION NO.30 OF 2005 V.K.Chauhan, and others APPLICANTS VERSUS The State of Maharashtra and another RESPONDENTS Mr.V.D.Hon, learned counsel for the applicants. Smt.Y.M.Kshirsagar, learned APP for respondents. (CORAM : A.V.POTDAR, J.) DATE : 17/11/2009 PER COURT : 1. By the present application, the applicants have prayed for condonation of delay in filing the present application and to recall the order dated 23/06/2008 passed in Criminal Writ Petition No. 30/2005. 2. Heard learned advocate Mr.Hon, appearing for the applicants followed by the submissions of learned APP Smt.Kshirsagar appearing for respondent State. 3. For the reasons stated in the application, so far as prayer of 2 condonation of delay in the application is concerned, delay is condoned. 4. So far as recalling of the order dated 23/07/2008 in Criminal Writ Petition no.30/2005 is concerned, on perusal of the impugned order in Criminal Writ Petition No.30/2005, it is clear that the criminal writ petition was not dismissed for default, but was dismissed by the reasoned order recorded therein and this Court can not consider the validity of those reasons by virtue of the provisions u/s. 362 of The Cr.P.C., and that order can not be recalled. In the premise, this application deserves following order : O R D E R Even though the delay is condoned to entertain the application, the application sans merit, hence stands dismissed. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.440-09