Ali Hussain And ORS v. The State Of Maharashtra And ANR

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30. IA 5277 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5277 OF 2024 IN CRIMINAL WRIT PETITION NO. 4159 OF 2024 Ali Hussain and Ors.

.....Applicant

Versus

The State of Maharashtra and Anr.

.....Respondents ----- Mr. Amit Dubey a/w Poonam Pal i/by Jitendra R. Gautam - Advocate for the Applicant.

Mr. Y. M. Nakhwa - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 04th FEBRUARY 2025 P.C. :

1.

This is an application for restoration of Criminal Writ Petition No. 4159 of 2024. It was dismissed pursuant to the order dated 03.10.2024, whereby the Petitioner was directed to carry out the amendment by annexing copy of the charge-sheet within two weeks and was also directed to supply spare copies of the amended petition. 2.

Learned counsel for the Applicant submitted that the charge-sheet copy was not received, though he SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date:

2025.02.07 12:14:49 +0530 Seema

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30. IA 5277 of 2024.odt was pursuing the matter in the trial Court. Therefore, amendment could not be carried out within time. 3.

Considering this genuine difficulty, the interim application is allowed. Writ Petition No. 4159 of 2024 is restored to its original file.

4.

Learned Counsel for the Applicant stated that he has copy of the charge-sheet. Therefore, he is granted leave to amend to annex copy of charge-sheet within two weeks from today.

5.

Issue fresh notice to the Respondent No. 2 in the main writ petition, returnable on 02.04.2025. 6.

The Criminal Writ Petition No. 4159 of 2025 shall be listed on 02nd April 2025.

7.

Accordingly, Interim application is disposed of. (S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Seema