← Library
Bombay High CourtIA/4186/2024allowed

Shadab Rahim Khan v. State Of Maharashtra

2024-11-13Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

9-ia-4186-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4186 OF 2024 IN CRIMINAL WRIT PETITION NO. 3093 OF 2023 Mr. Shadab Rahim Khan ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Hitanshi Gajaria a/w. Snigdha Khandelwal and Zainab Burmawaala i/b. Ali Kaashif Khan Deshmukh for Applicant. Mr. Sukanta A. Karmarkar, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 13 NOVEMBER 2024 PC :

1.

This is an application for restoration of Criminal Writ Petition No.3093 of 2023 which was dismissed vide the order dated 06.10.2023 for want of prosecution.

2.

Learned counsel for the applicant submitted that, inadvertently, the learned counsel appearing for the petitioner missed the listing of the petition on board and, through sheer inadvertence the matter remained unattended. There was no Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.11.16 10:54:37 +0530 VINOD BHASKAR GOKHALE

9-ia-4186-24 intention to not to argue the matter.

3.

Considering these submissions, in the interest of justice, the application is allowed. The Criminal Writ Petition No.3093 of 2023 is restored to its original file; which shall be listed for admission on 11.12.2024.

4.

The application is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)