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Bombay High CourtIA/487/2026disposed off

Sudhaben Bipin Patel And ORS v. State Of Maharashtra And ANR

2026-02-11Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

503-IA-487-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 487 OF 2026 IN WRIT PETITION NO. 4883 OF 2024 Sudhaben Bipin Patel And Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents --- Mr. C. M. Kothari, for the Applicants.

Ms. Manisha Devkar h/f Adv. Shankar Katkar (Appointed) for the Respondent No. 2.

Mr. S. A. Karmakar, for Respondent - State.

--- CORAM : ASHWIN D. BHOBE, J.

DATE : 11th FEBRUARY, 2026.

P.C. :

1.

By the present Application, the Applicants are seeking recall of the Order dated 6th February, 2026 by which Writ Petition No. 4883 of 2024 was dismissed for non prosecution. Mr. C. M. Kothari, learned Advocate for the Applicants submits that it was on account of a bonafide mistake that he was not present on 6th February, 2026 when the matter was called out. Arjun

503-IA-487-2026.doc 2.

Ms. Manisha Devkar, learned Advocate for Respondent No. 2 and Mr. Karmakar, learned APP for the Respondent - State submit that Mr. C. M. Kothari having owned the responsibility for his absence on 6th February, 2026, they do not object. In view of the no objection and the statements made by Mr. C. M. Kothari, the Order dated 6th February, 2026 passed in Writ Petition No. 4883 of 2024 is recalled. Consequently, Criminal Writ Petition No. 4883 of 2024 is restored on file.

3.

Interim Application No. 487 of 2026 is allowed and disposed of.

Writ Petition No. 4883 of 2024:

1.

Mr. C. M. Kothari, learned Advocate for the Petitioner and Ms. Manisha Devkar, learned Advocate for Respondent No. 2 jointly request for listing of the Petition on 26th February, 2026. (ASHWIN D. BHOBE, J.) Arjun