1. Rule. Mr.R.C.Kodekar, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 State.
2. By way of the present application, the applicant has prayed to condone the delay of 119 days in preferring the application for restoration of Special Criminal Application No.397 of 2013, which was dismissed for non-removal of office objections.
3. Since main Special Criminal Application was dismissed on the ground of non-removal of office objections, I am of the opinion that there is no need to call private respondent. I have considered the grounds raised in the present application and I am satisfied with the reasons advanced by the applicant for delay.
4. Considering the facts and circumstances of the case, the present application is allowed and delay caused in preferring restoration application of Special Criminal Application No.397 of 2013, is hereby condoned. Rule is made absolute to the aforesaid extent.
[A.J.DESAI,J.] *dipti Page 2 of 2