P. L. Safaiya And ORS. v. The State Of Maharashtra And ANR

902.appw343.16.sxw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 343 OF 2016 IN CRIMINAL WRIT PETITION NO. 4920 OF 2014 P.L. Safaiya & ors. v/s. The State of Maharashtra & anr. ------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. M.G. Shukla, advocate for the applicant. Mrs. A.A. Mane, APP for State.

--- CORAM :SMT. SADHANA S. JADHAV,J DATE :AUGUST 12, 2016 P.C.:- Heard the learned Counsel for the applicant.

This is an application seeking recalling of the order dated 12/2/2016 passed by Hon'ble Smt. Justice R.P. Sondurbaldota.

The learned Counsel for the applicant submits that a common order was passed. However, as far as the present Petition No. 4920 of 2014 is Talwalkar 1/2

902.appw343.16.sxw concerned, service report was received with endorsement "not found at given address. Address not sufficient". The learned Counsel for the applicant submits that in fact the applicant had given the address, which was shown in the complaint. Inadvertently, the matter was listed in the order category. The order shows that the learned Advocate for the petitioner to take steps to cause service upon the respondent. Hence, the matter was dismissed for default without further reference to the court. In view of this, the order dated 12/2/2016 is recalled. Ad-interim relief, if any, to continue till then. The matter be listed for admission as per CMIS. The application is allowed in the above terms.

In addition, private service is permitted.

Leave to add/amend in main petition.

(SMT. SADHANA S. JADHAV, J) .....

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