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Bombay High CourtIA/272/2024allowed

Javed Abdul Kadar Shaikh v. The State Of Maharashtra And ANR

2024-01-24Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2024.01.25 11:41:32 +0530 SHAGUFTA QUTBUDDIN PATHAN 8-IA-272-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 272 OF 2024 IN CRIMINAL WRIT PETITION NO. 2666 OF 2012 Javed Abdul Kadar Shaikh ... Applicant

Versus

The State of Maharashtra & Anr.

... Respondents Ms. Shifa Khan a/w Mr. Khan Abdul Wahab for the Applicant Ms. P. P. Shinde, A.P.P for the Respondents-State CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

WEDNESDAY, 24 th JANUARY 2024 P.C :

Heard learned counsel for the parties.

By this application, the applicant seeks recall of the order dated 23rd October 2023, by which the aforesaid petition was dismissed for non-prosecution / non-appearance of the SQ Pathan 1/2

8-IA-272-2024.doc petitioner and as such, restoration of the aforesaid writ petition back to its original file.

For reasons set-out in the application, application is allowed and the order dated 23rd October 2023 by which the aforesaid petition was dismissed for non-prosecution / nonappearance of the petitioner, is recalled and the petition is restored back to its original file.

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

SQ Pathan 2/2