In this interim application, the applicant sought restoration of a writ petition dismissed for non-appearance after an order where the victim stated she was not illegally detained and did not wish to cohabit with the petitioner, rendering restoration unnecessary. The court rejected the application.
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17-IA-2670-2023.doc
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2670 OF 2023
IN
WRIT PETITION NO. 2237 OF 2021
Sarfaraz Saiyed Ahmed S/o....Applicant
Saiyed Masahoor Ahmed
Versus
The State of Maharashtra and Another...Respondents
Mr. Sunil D. Mishra for the Applicant.
Ms. P. P. Shinde, APP for the State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 20th OCTOBER 2023
P. C. :
1. By this application, the applicant seeks restoration of the petition which was dismissed vide order dated 10th April 2023.
2. Learned counsel for the petitioner states that none had
appeared for the petitioner on 10th April 2023 and hence the
petition be heard and thereafter disposed of.
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17-IA-2670-2023.doc
3.We have perused the order dated 10th April 2023. We have
recorded the statement of Ms. ‘X’ who was present in court, who
according to the petitioner was illegally detained by respondent
nos. 4, 5 and 6. We have recorded in the said order that Ms. ‘X’
is present in court and when questioned she stated that she has
not been illegally detained by respondent nos.4, 5 or 6 or any
other person as alleged by the petitioner. She has further
disclosed that she did not wish to cohabit with the petitioner who
had lured her and taken advantage of her young age. Considering
what is observed in the order the question of restoring the said
petition does not arise.
4. In view of the aforesaid, Interim Application is rejected.
GAURI GODSE, J.
REVATI MOHITE DERE, J.
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1 issue framed by the court
Whether an interim application seeking restoration of a dismissed writ petition should be allowed after the record reveals the victim denied allegations.
Sarfaraz Saiyed Ahmed
The State of Maharashtra
Revati Mohite Dere
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court