APARNA SUBHASH VIRKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Writ Petition, the Petitioner has challenged the order dtd. 20/2/2017, passed in Criminal Appeal No.426 of 2016, passed by the Additional Session Judge, Thane. By the impugned order, the learned Judge, rejected the Petitioner's Application for condonation of delay of 153 days in filing the Appeal.

(2.) The Petitioner was the original Complainant in Miscellaneous Application No.0300204 of 2010, before the Chief Judicial Magistrate, Thane. Those proceedings were filed under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act , 2005 (for short " D.V. Act "). The learned Magistrate dismissed those proceedings vide his order dtd. 11/1/2016. The Petitioner sought to challenge that order by way of Appeal before the Sessions Court. There was delay of 153 days in approaching the Sessions Court. Therefore she made Application for condonation of delay. That Application was dismissed by the impugned order.

(3.) Heard the learned Counsel for both the parties.