Imtiyaz Ismail Baig And ANR. v. Mominpada Masjid Yakub Baig Trust And ORS.

Dond 1/1 appp.1075-2015.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1075 OF 2015 IN CRIMINAL APPLICATION NO.1538 OF 2002 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. H.A. Solkar for applicant.

Mr. Tanmay Vispute i/b Ragiv Patil, Sr. Advocate for respondent No.1. Mr. K. Pawar i/b S.M. Gorwadkar for respondent No.4. Ms. namika Malhotra, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 23rd June 2016.

P.C.:

Heard learned counsel for the applicant.

This is an application for restoration of Criminal Application No.1538 of 2002 which was dismissed for non-prosecution on 30.11.2015. The present application is filed on 14.12.2015 i.e. within a period of limitation.

It is to be noted here that when the aforesaid application was dismissed for non-prosecution, except learned APP neither the applicant nor the respondents, were present. In the circumstances, I see there no impediment in allowing the present application. Application is allowed in terms of prayer clause (a). (A.S. GADKARI, J.)