Felix Sequeira v. The State Of Maharashtra And ORS

rsk 1/1 75-APPW-132-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.132 OF 2013 IN CRIMINAL WRIT PETITION NO.3111 OF 2011 Felix Sequeira

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

---- Mr.Chetan Akerkar for the Respondent No.3.

Mr. A. D. Kumkhedkar, APP for the Respondent-State. ---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 23/01/2019.

P.C.:

.

Criminal Writ Petition No.3111/2011 came to be dismissed in default on 4/10/2012. The Criminal Application No.132/2013 has been filed for it's restoration. Nobody is present for the applicant. 2.

Learned counsel appearing for Respondent No.2 informs that even copy of application has not been served upon him. He also pointed out that in relation to alleged incident of October 2009, FIR was sought to be registered and police authorities informed applicant that it was a civil cause. He therefore states that period of more than 9 years has already expired after the alleged incident. We, therefore dismiss the Application No.132/2013 for want of prosecution.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)