Bombay High CourtAPPW/154/2025allowed

Kausar Khan D/O Sakir Ali Khan v. State Of Mah. Thr. Its Secretary Dep. Of Home Mantralaya Mumbai And 4 Others

2025-07-31Hon'Ble Shri Justice Anil L. Pansare,Hon'Ble Shri Justice M. M. Nerlikar2 pages

1 appw 154.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPW) No. 154 of 2025 in CRIMINAL WRIT PETITION NO. 683 OF 2020 [Kausar Khan D/o Sakir Ali Khan vs. The State of Maharashtra through its Secretary, Department of Home and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - Ms. R. M. Mishra, Advocate (Appointed) for the applicant/petitioner Mr. A. B. Badar, APP for the State/non-applicants CORAM: ANIL L. PANSARE AND M. M. NERLIKAR, JJ.

DATED : 31-07-2025.

By present application, the applicant - petitioner is seeking to condone delay of 180 days in filing application for restoration of petition, which came to be dismissed on 16-12-2024 for non removal of office objections. Learned counsel for the applicant-petitioner submits that despite efforts, she failed to contact the petitioner and, therefore, office objections could not be removed. She further submits that if petition is restored, she will remove office objections within one week from the date of restoration of petition. She further submits that she will diligently attend the matter.

Learned Additional Public Prosecutor submits that the delay is not justified. However, considering the fact that despite efforts, the counsel could not contact the petitioner and on the basis of assurance given by the counsel, we feel it appropriate to give one opportunity to the petitioner. The application is accordingly allowed. Delay is condoned. Criminal Writ Petition No. 683/2020 is restored to

2 appw 154.25 file. Office objections shall be removed within seven working days from today, failing which, the order of dismissal shall stand restored without further reference to the Court. List the writ petition after two weeks.

(M. M. NERLIKAR, J.) (ANIL L. PANSARE, J.) wasnik