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Bombay High Court

VINOD RAMLING GAIKWADversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court set aside the dismissal order of 05.09.2024 and restored the criminal writ petition No.2157 of 2023.

Summary

Vinod Ramling Gaikwad filed an interim application (No.2645 of 2026) seeking restoration of his previously dismissed criminal writ petition (No.2157 of 2023) against the State of Maharashtra. The applicant argued that the dismissal order dated 05.09.2024 was erroneous. The Court, after hearing counsel for both sides, set aside the dismissal order and restored the writ petition to the court's record. Consequently, the interim application was allowed and the matter was disposed. The order reinstates the petitioner’s right to pursue the substantive writ petition.

Issues considered

  • Whether the order dismissing the criminal writ petition dated 05.09.2024 can be set aside and the petition restored to the court's record

Subjects

  • interim application
  • writ petition restoration
  • criminal appellate jurisdiction
  • procedural law
  • court order set aside

Judgment

                                                                                                  39.IA.2645.2026.doc

      HARSHADA H. SAWANT
            (P.A.)
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                          CRIMINAL APPELLATE JURISDICTION


                                                    INTERIM APPLICATION NO.2645 OF 2026
                                                                    IN
                                                       WRIT PETITION NO.2157 OF 2023

                    Vinod Ramling Gaikwad                                                   .. Applicant
                    IN THE MATTER BETWEEN:
                    Vinod Ramling Gaikwad                                                   .. Petitioner
                               Versus
                    The State of Maharashtra and Anr.                                       .. Respondents
                                                ....................
                     Mr. Bhushan Raut, Advocate for Applicant.
                     Ms. Sangeeta E. Phad, APP for Respondent No.1.
                                                                  ...................
                                                                 CORAM : MILIND N. JADHAV, J.
                                                                 DATE          : OCTOBER 07, 2026
                    P.C.:

                    1.                Heard Mr. Raut, learned Advocate for Applicant and Ms.

                    Phad, learned APP for Respondent No.1.


                    2.                Interim Application seeks restoration of dismissed Writ

                    Petition No.2157 of 2023.


                    3.                For the reasons stated in the Application, the order dated

                    05.09.2024 stands set aside.


                    4.                The Criminal Writ Petition No.2157 of 2023 stands restored

                    back to the record and file of the Court.


                    5.                With the above directions, Interim Application is allowed and

                    disposed.


H. H. SAWANT                                                                      [ MILIND N. JADHAV, J. ]
                                 Digitally signed
                    HARSHADA by HARSHADA
                             HANUMANT
                    HANUMANT SAWANT
                    SAWANT   Date: 2026.10.07
                                                                                                              1 of 1
                                 14:45:41 +0530


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