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Bombay High CourtIA/3380/2025allowed

Anwar Ahmad Shabbir Ahmad Shaikh And ORS v. The State Of Maharashtra And ANR

2025-09-16Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak2 pages

1 / 2 16-IA-3380-25-IN-WP-207-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3380 OF 2025 IN CRIMINAL WRIT PETITION NO.207 OF 2025 Anwar Ahmad Shabbir Ahmad Shaikh & Ors.

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

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

• Mr. Ajay Karad i/b. Rofiq Gori, Advocate for Petitioners. • Ms. Sharmila S. Kaushik, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 16th SEPTEMBER, 2025 P.C. :

1.

This is an application for restoration of Criminal Writ Petition No.207 of 2025. The said Petition was dismissed for non-prosecution as nobody appeared for the Petitioner when it was called on 22/07/2025 and it was dismissed on that date. This application is filed for restoration of that Writ Petition. Digitally signed by MANUSHREE NESARIKAR Date:

2025.09.18 15:35:04 +0530 MANUSHREE NESARIKAR 2.

Learned counsel for the Applicant submitted that when Nesarikar

2 / 2 16-IA-3380-25-IN-WP-207-25.odt the matter was called out, the learned counsel who was to appear for the Petitioner, was arguing in another case before another Bench and therefore he could not attend the matter before the Division Bench, resulting in dismissal of the Petition. He submitted that he has a good case on merits and his absence before the Court was not intentional.

3.

Considering this submission and in the interest of justice, the application is allowed.

4.

The Writ Petition No.207 of 2025 is restored to its original fie.

5.

The application is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)