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Bombay High CourtIA/2670/2023rejected

Sarfraz Saiyad Ahmed S/O Saiyed Masahoor Ahmed v. The State Of Maharashtra And ANR

2023-10-20Hon'Ble Justice Revati Mohite Dere,Hon'Ble Ms. Justice Gauri Godse2 pages

17-IA-2670-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2670 OF 2023 IN WRIT PETITION NO. 2237 OF 2021 Sarfaraz Saiyed Ahmed S/o.

...Applicant Saiyed Masahoor Ahmed

Versus

The State of Maharashtra and Another

...Respondents

Mr. Sunil D. Mishra for the Applicant.

Ms. P. P. Shinde, APP for the State.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 20th OCTOBER 2023 P. C. :

1.

By this application, the applicant seeks restoration of the petition which was dismissed vide order dated 10th April 2023. 2.

Learned counsel for the petitioner states that none had appeared for the petitioner on 10th April 2023 and hence the petition be heard and thereafter disposed of. 1/2

17-IA-2670-2023.doc 3.

We have perused the order dated 10th April 2023. We have recorded the statement of Ms. 'X' who was present in court, who according to the petitioner was illegally detained by respondent nos. 4, 5 and 6. We have recorded in the said order that Ms. 'X' is present in court and when questioned she stated that she has not been illegally detained by respondent nos.4, 5 or 6 or any other person as alleged by the petitioner. She has further disclosed that she did not wish to cohabit with the petitioner who had lured her and taken advantage of her young age. Considering what is observed in the order the question of restoring the said petition does not arise.

4.

In view of the aforesaid, Interim Application is rejected. GAURI GODSE, J.

REVATI MOHITE DERE, J.

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