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Bombay High CourtIA/1543/2025allowed

Afaque Ahmed Khan Mushtaque Khan And ORS v. The State Of Maharashtra And ANR

2025-05-05Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak2 pages

31-ia-1543-25 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1543 OF 2025 IN CRIMINAL APPLICATION NO. 74 OF 2017 Afaque Ahmed Khan Mushtaque Khan & Ors.

..Applicants

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. S. A. Shaikh for Applicants.

Mr. J. P. Yagnik, APP for State/Respondent.

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

DATE : 5 MAY 2025 PC :

1.

This is an application for restoration of Criminal Application No.74 of 2017 which was dismissed vide the order dated 26.02.2025 for want of prosecution. There is a delay of 20 days in filing this application. A prayer is made for condonation of delay.

2.

Learned counsel for the applicants submitted that, on that date, learned counsel appearing for the applicants did not attend the matter through inadvertence. His absence was not Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.05.07 10:52:14 +0530 VINOD BHASKAR GOKHALE

31-ia-1543-25 intentional.

3.

Considering these submissions and in the interest of justice, delay of 20 days in filing this application is condoned. The original Criminal Application No.74 of 2017 is restored to its original file. Learned counsel is at liberty to get the main application circulated for admission.

4.

The application is disposed of.

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