Nazakat Hussain Ansari And ANR v. State Of Maharashtra And ANR

1 / 2 13-IA-4222-24-IN-APL-390-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4222 OF 2024 IN CRIMINAL APPLICATION NO.390 OF 2024 Nazakat Hussain Ansari & Anr.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Ms. Deepa Panicker i/b. Khalid N. Khan, Advocate for Applicants. • Mr. R. M. Pethe, appeared through VC, APP for the State/Respondent.

• Mr. Aarif Khan, Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 23rd OCTOBER, 2024 P.C. :

1.

This application is for restoration of the Criminal Application No.390 of 2024, which was dismissed for nonprosecution vide the order dated 06/09/2024. Learned counsel for the Applicants submitted that when the matter was called out on 06/09/2024, the learned counsel was appearing before Digitally signed by MANUSHREE NESARIKAR Date:

2024.10.25 10:52:53 +0530 MANUSHREE NESARIKAR another bench of this Court and therefore, the matter remained unattended resulting in dismissal for non-prosecution. Nesarikar

2 / 2 13-IA-4222-24-IN-APL-390-24.odt 2.

Considering this difficulty, the application is allowed. The Criminal Application No.390 of 2024 is restored to its original file. The Applicants are at liberty to get the matter circulated for admission.

3.

The application is disposed of.

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