Mujahidpasha Javed Sheikh And ANR. v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4382 OF 2024 IN CRIMINAL WRIT PETITION NO.1453 OF 2021 SATISH RAMCHANDRA SANGAR Mujahidpasha Javed Sheikh and Anr.

...Applicants In the matter between:- SATISH RAMCHANDRA SANGAR Date: 2025.05.06 10:46:11 +0530 Mujahidpasha Javed Sheikh and Anr.

...Petitioners

Versus

The State of Maharashtra and Anr.

...Respondents

***** Mr.Viresh Purwant a/w Mr.Roman Rafieque Belief i/b. Mr.Rahul Thakur - Advocates for Applicants / Petitioners. Mr.S.R.Agarkar - APP for Respondent No.1 - State. Mr.Rajesh Ranglani i/b. Mr.Priyal Sarda - Advocate for Respondent No.2.

***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.

DATE : 2nd MAY 2025 P.C. :

1.

This is an Application for restoration of Criminal Writ Petition No.1453 of 2021 which was dismissed for nonprosecution vide the order dated 10th June 2024. 2.

Learned counsel for the Applicants invited our attention to the order dated 26th June 2023 passed in the said

Writ Petition. Vide that order, the Petition was admitted, and the interim relief was granted by staying further proceedings in R.C.C. No.700 of 2022 on the file of the Judicial Magistrate First Class - Solapur qua the Petitioners.

3.

The learned counsel for the Petitioners submitted, that when the matter was called out, the learned counsel for the Applicants was unwell, and was suffering from severe throat infection, cough and nasal congestion. 4.

Considering the health issues of the learned counsel for the Petitioners, and in the interest of justice, the Application can be allowed. Learned counsel for the Respondent No.2 submitted, that he has objection because learned counsel for the Petitioners has not served a copy of the Application which is affirmed.

5.

We have considered these submissions. The Applicants have filed this Application with verification made before the Notary. The Petition was already admitted in June2023 with interim relief. 6.

In the interest of justice, the matter needs to be decided on merits of the matter. Therefore, we are inclined to allow this Application. Hence, the following order:-

O R D E R

(i) The Criminal Writ Petition No.1453 of 2021 is restored to its original file with the interim relief which was granted vide the order dated 26th June 2023.

(ii) The Writ Petition shall proceed for final hearing in due course.

7.

The present Interim Application is disposed of. (S.M.MODAK, J.) (SARANG V. KOTWAL, J.)