Sayyed Issak S/O. Sayyed Shabbir v. Rajiya Begum W/O. Sayyed Issak

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 957 CRIMINAL APPLICATION NO.2842 OF 2023 IN CRIMINAL WRIT PETITION NO.213 OF 2023 WITH CRIMINAL WRIT PETITION NO.213 OF 2023 SAYYED ISSAK S/O. SAYYED SHABBIR

VERSUS

RAJIYA BEGUM W/O. SAYYED ISSAK ...

Advocate for Applicant : Mr. Shivraj B. Kadu ...

CORAM : R. M. JOSHI, J.

DATE : AUGUST 22, 2023 PER COURT :

CRIMINAL APPLICATION NO.2842 OF 2023 :

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Learned counsel for the applicant states that the respondent was not served for want of fresh address. Since the order dated 22.06.2023 was not complied with, the petition came to be dismissed for want of prosecution. He claims that fresh address of the respondent is now available. Since the petition was dismissed without issuing notice to the respondent, there is no impediment in restoring the petition. Hence, Criminal Application stands allowed. Criminal Writ Petition bearing No.213 of 2013 is restored to its original position.

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CRIMINAL WRIT PETITION NO.213 OF 2023 :

2.

Learned counsel for the petitioner submits that notice be issued to the respondent on the address mentioned in the Criminal Application No.2842 of 2023.

3.

Issue notice to the respondent on the address mentioned in Criminal Application No.2842 of 2023, returnable on 20.09.2023. [ R. M. JOSHI ] JUDGE GGP 2/2