Abdul Majid Ataur Rehman Gazdar v. The State Of Maharashtra And ANR

appp-151.17.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.151 OF 2017 IN CRIMINAL APPLICATION NO.419 OF 2016 Mr. Abdul Majid Ataur Rehman Gazdar ... Applicant Vs.

The State of Maharashtra and Anr.

... Respondents Mr. Jude S. Fernandes for the Applicant.

Ms. R.M. Gadhvi, Additional Public Prosecutor for the Respondent No.1. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 14th MARCH, 2017 P.C.

Heard the learned counsel appearing for the applicant and the learned APP for the first respondent. There was delay of filing affidavit of service in terms of order dated 25th August, 2016 and therefore, the main Criminal Application was dismissed for nonprosecution. In view of the averments made in the application, a case for restoration is made out. Accordingly, application is allowed in terms of prayer clauses (a-1) and (b). Place the restored Criminal Application No.419 of 2016 under the caption of "Fresh Admission" on 17th April, 2017. Ad-interim relief granted on 25th August, 2016 is also restored which will continue to operate till the next date. In the meanwhile, issue notice of the said criminal application to the second respondent therein.

(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)