Wasim Majid Pathan And ORS. v. State Of Maharashtra And ANR.

23-ia-5299-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5299 OF 2024 IN CRIMINAL WRIT PETITION NO.1081 OF 2024 Wasim Majid Pathan and Ors.

...

Applicants/Petitioners V/s.

State of Maharashtra and Anr.

...

Respondents ------------------- Mr. Priyansh Jain I.by Vivek Punjabi, for the applicants. Mr. J.P. Yagnik, APP, for the State.

--------------------

CORAM

:

SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE :

14TH FEBRUARY 2025.

PC:

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.02.20 10:49:31 +0530 VARSHA DEEPAK GAIKWAD 1.

This is an application for restoration of Criminal Writ Petition No. 1081 of 2024 which was dismissed pursuant to the order dated 3rd September 2024. There is a delay of 55 days caused in filing this application.

2.

Learned counsel for the applicants/petitioners submitted that this petition is for quashing of the FIR, by consent. The applicants/petitioners took some time to get the copy of the chargesheet which was not easily available and therefore, there was a delay in carrying out the amendment resulting in dismissal of Writ Petition pursuant to the said order. He submitted that it was not intentional. He varsha

23-ia-5299-2024.doc now has a copy of the charge-sheet and he is in position to carry out the amendment.

3.

Considering the submission, the Criminal Writ Petition No 1081 of 2024 is restored to its original file. The learned counsel for the applicants/petitioner shall carry out the amendment within a period of three weeks from today. The delay in filing the present application is condoned.

4.

Criminal Writ Petition No 1081 of 2024 shall be listed on 28th March 2025.

5.

Interim application is disposed of.

(S.M. MODAK, J) (SARANG V KOTWAL, J) varsha