Heena Roshan Zameer Momin And ORS v. The State Of Maharashtra And ANR

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2022.12.06 14:16:19 +0530 34-ia.3831.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.3831 OF 2022 IN CRIMINAL APPLICATION NO.626 OF 2019 Heena Roshan Zameer Momin and Ors.

...Applicants

Versus

State of Maharashtra and Anr.

...Respondents

Mr. Viral Rathod, i/b Mr. Nouman Shaikh, for the Applicants. Mr. Y. M. Nakhwa, A.P.P for the Respondent No.1- State. CORAM : REVATI MOHITE DERE & R. N. LADDHA, JJ.

DATE : 1st DECEMBER 2022 P.C. :

1.

Heard learned counsel for the parties.

2.

By this interim application, the applicants seek recall of the order dated 15th September 2022, passed by this Court by which the aforesaid Criminal Application was dismissed for want of prosecution, as none was present on behalf of the applicants and prays for restoration of the said Criminal Application. N. S. Chitnis 1/2

34-ia.3831.2022.doc 3.

For the reasons set out in the application, the application is allowed and the order dated 15th September 2022, is recalled and Criminal Application No.626 of 2019, is restored back to its original file. Delay of 17 days caused in filing the aforesaid application, is condoned.

4.

Interim Application is accordingly disposed of. 5.

Criminal Application No.626 of 2019, to be listed 'for admission' on 18th January 2023.

R. N. LADDHA, J.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2