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Bombay High CourtIA/4161/2024allowed

Nafisa Israr Ahmed Khan And ORS v. The State Of Maharashtra And ANR

2024-11-25Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

Gitalaxmi 104-ia-4161-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4161 OF 2024 IN CRIMINAL WRIT PETITION NO. 950 OF 2023 Nafisa Israr Ahmed Khan & Ors.

.....Applicants

IN THE MATTER BETWEEN :

Nafisa Israr Ahmed Khan & Ors.

.....Petitioners

Versus

The State of Maharashtra & Anr.

.....Respondents Mr. Abhijit Singh i/b Mr. Arman N. Khan, Advocate for the Applicants. Mr. Sukanta A. Karmakar, A.P.P. for the Respondent-State. CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ.

DATE : 25th NOVEMBER 2024.

P.C.:- 1.

This is an Application for restoration of the Petition, which was dismissed for non-prosecution vide order dated 12th September 2024.

2.

Learned counsel for the Applicants submitted that on that day, the Advocate on record had gone for Umrah purpose to Saudi Arabia and was not in India. Because of that, nobody 1/2

Gitalaxmi 104-ia-4161-2024.doc could appear for the Petitioners in the matter. 3.

Considering these submissions and in the interest of justice, the Application is allowed.

4.

Criminal Writ Petition No. 950 of 2023 is restored to its original file. When the matter was dismissed, nobody appeared for Respondent No. 2.

5.

The Petition is already admitted by the previous orders. Therefore the matter to proceed for final hearing. The interim relief, which was granted earlier, shall continue till final disposal of the Petition. It shall be placed on the weekly board dated 16th December 2024.

6.

Application is disposed of accordingly.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.11.27 19:21:33 +0530 GITALAXMI KRISHNA KOTAWADEKAR 2/2