1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 435/2006 Wasudeo Deorao Korde ..vs.. State of Maharashtra & anr. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- None for applicant, though served. Mr. Thakare, A.P.P. for non applicant-State. CORAM:- S. S. SHINDE, J. DATED :- 21 st NOVEMBER,2009 1. On perusal of the order-sheet, it appears that this Court, on 11.08.2006, issued Rule and stayed further proceedings pending before the Court below. Thereafter on 02.06.2008, this matter was called out for final hearing. However, none appeared for the applicant. Therefore, this Court dismissed the application for non prosecution and interim order was vacated. It further appears that on 12.11.2008, this Court allowed the application for restoration of Criminal Application and upon hearing counsel for the applicant, this Court restored the application subject to the applicant’s depositing a sum of Rs.1,000/- to High Court Legal Services Sub Committee, Nagpur within a week. Again, the application was listed for hearing on 27.11.2008. This Court, annoyed by the fact that the amount towards costs is not 2 deposited by the applicant, extended time to deposit the costs subject to further costs of Rs. 500/-. Again this matter was listed for hearing on 27.01.2009. It appears that none appears for the applicant/appellant. Again the matter was listed on 29.01.2009, none appears for the applicant. Therefore, the matter was adjourned on 08.10.2009 and on that day also, none appears for the applicant. Again the matter was listed on 03.11.2009. On that day also it appears that the neither the applicant nor Advocate remained present to argue the matter. Even today, none appears for the applicant. Therefore, there is no option but to dismiss the application in default for non prosecution. Hence, the criminal application is dismissed for non prosecution. Rule discharged. Interim order stands vacated. 2. It would not be out of place to take note of the statement made by learned A.P.P. that the charge-sheet is already filed in the matter, discharge application filed on behalf of the applicant has been rejected and now the matter is fixed for recording the evidence before the trial Court. JUDGE kahale