Moinuddin Yusuf Siddique v. Seema Deepak Rokaaya And ANR

2 app 754-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 754 OF 2014 IN CRIMINAL APPLICATION NO. 354 OF 2014 Moinuddin Yusuf Siddique ..Applicant v/s.

Mrs. Seema Deepak Rokaaya & Ors.

..Respondents Nazreen Khatri for the Applicant.

Mr.S.K.Shinde, PP a/w. Mr.K.V.Saste, APP for the Respondent/State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : FEBRUARY 26, 2015.

P.C.

1.

This application is filed for restoration of Criminal Application No.354 of 2014. Criminal application was placed before this court on 11.9.2014 for admission. As none appeared on behalf of the applicant, said application was dismissed for want of prosecution. 2.

Criminal Application No.354 of 2014 was dismissed even prior to respondent no.1 putting her appearance. Since respondent no.1 pps

2 app 754-14.doc had not put her appearance, her presence is dispensed with for disposal of the criminal application.

3.

We have gone through the averments in the present application, giving explanation for his absence when Criminal Application No.354 of 2014 was called out for admission on 11.9.2014. We find the explanation given to be satisfactory. Order dated 11.9.2014 passed in Criminal Application No.354 of 2014 is recalled and the application is restored to the file.

4.

Registry is directed to place Criminal Application No.354 of 2014 for admission on 26th March, 2015.

5.

Civil application no.754 of 2014 is accordingly disposed of. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps