Irfanullah Habibullah Faruqui And ORS v. The State Of Maharashtra
appw36517(5)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.365 OF 2017 IN CRIMINAL WRIT PETITION NO. 1019 OF 2010 Irfanullah Habibullah Faruqui & Ors ..Applicants Vs.
State of Maharashtra & Anr ..Respondents Mr. Abdul Kader Millwala for the Petitioners Mr. Aamir Farooqui Constituted Attorney of the Respondent No.2 present Ms P. P. Shinde APP for the Respondent State CORAM :R. M. SAVANT, & SARANG V KOTWAL,JJ DATE : 16th MARCH, 2018 P.C.
The above Criminal Application has been filed for restoration of the above Writ Petition which has stood dismissed for non prosecution by order dated 2072017 on account of the non appearance of the Learned Advocate for the Petitioner on the said day. The reasons for the non appearance of the Advocate are mentioned in the above Criminal Application. The Constituted Attorney of the Respondent No.2 who is his son opposes the above Criminal Application on the ground that in the past also defaults were committed by the Petitioner in respect of their appearance before this Court. It is required to be noted that the above Criminal Writ Petition was pending hearing and final disposal when it came to be dismissed for non prosecution. Hence by accepting the reasons mentioned in the above Criminal Application one final indulgence is required to be shown to the Petitioner. The above mmj
appw36517(5) Criminal Application is accordingly allowed, resultantly the above Criminal Writ Petition is restored to file. The above Criminal Writ Petition to be listed on the final hearing board as per the chronological order. The above Criminal Application is accordingly disposed of.
In view of the restoration of the above Criminal Writ Petition, the interim reliefs which are operating would also stand restored. Needless to state that if any application for cancellation of bail has been filed by the Respondent No.2, the same would be tried on its own merits and in accordance with law.
[SARANG V. KOTWAL, J] [R.M.SAVANT, J] mmj