1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.258 OF 2000 Nadim Mohammad Azmatulla s/o Razaullah ... PETITIONER VERSUS The Police Inspector, Kranti Chowk Police Station, Aurangabad & ors. ... RESPONDENTS ----- Shri M.A. Latif, Advocate for petitioner (absent) Shri S.D. Kaldate, A.P.P. for respondents ----- CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATED : 29th January, 2010. ORAL ORDER : 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner challenges the notice issued to the petitioner, dated 11.7.2000, under Section 149 of the Code of Criminal Procedure. It appears that, when the petition was listed 2 before the Court on 28.7.2000, this Court issued notice to respondents and granted interim stay in terms of prayer clause (C) to the petition. Rule came to be issued by this Court by its order dated 13.9.2000 and the interim relief was directed to be continued. 2. The respondents, in their affidavit-in-reply, have stated that an offence has been registered against the petitioner, but the affidavit-in-reply does not disclose whether any charge sheet has been filed against the petitioner. In any event, since stay has been operating in favour of the petitioner, the notice issued under Section 149 of the Code of Criminal Procedure has worked itself out. 3. None appears on behalf of the petitioner when this petition is called out. In that light, petition dismissed for default. [SHRIHARI P. DAVARE, J.] [P.V. HARDAS, J.] fmp/cwp258.00