Ankit S/o. Kiran Padhye vs Avinash S/o Bhaskar Padhye

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 1680

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M. M. NERLIKAR
Ankit S/o. Kiran Padhye – Appellant
Versus
Avinash S/o Bhaskar Padhye – Respondent

Advocates Appeared:
For the Petitioner:Mr. G.D. Dani, Advocate
For the Respondent:Mr. B. W. Patil, Advocate

JUDGMENT :

M. M. Nerlikar, J.

Heard.

2. Issue Rule, returnable forthwith. Mr. B. W. Patil, learned counsel waives service for respondent. With consent of learned counsel for the parties, the petition is taken up for final hearing.

3. By the present petition filed under Article 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (“BNSS”) challenges the order passed below Exh.1 dated 17.07.2025, wherein the application for condonation of delay of 190 days in preferring the criminal revision challenging the order of issuance of process was rejected by the Special Court for Differently-able Persons, Senior Citizens and Marginalized Sections of the Society, Nagpur and District Judge-10 & A.S.J., Nagpur.

4. Brief facts:-

The respondent filed a private complaint against the petitioner before the learned Judicial Magistrate First Class, Nagpur for the offence punishable under Sections 500 of the Indian Penal Code which was registered as Summary Criminal Case No. 12567/2021. Learned Magistrate by its order dated 15.11.2022 issued process against the petitioner and his father. After passing the order dated 15.11.2022 of issue process, it appears that th