1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.89 OF 2009 IN CRIMINAL WRIT PETITION NO.2688 OF 2008 Khan Abdul Wahab Usman ..Petitioner -versus State of Maharashtra .. Respondents Ayaz Khan i/b Imran Shaikh for the Petitioner. Mr V.B. Konde Deshmukh, APP for the state. CORAM: SMT. RANJANA DESAI, & R. G. KETKAR JJ DATED: 21st April, 2009 P.C. 1. The above application is taken out by the petitioner in writ petition No.2688 of 2008, complaining non compliance of this Court's order dated February 12, 2009 in the said petition. Prayer is made in the application for initiating action against the Respondents under the Contempt of Courts Act 1971, for non compliance of the order 2 dated February l2, 2009. 2. The applicant had filed Criminal Writ Petition No.2688 of 2008 in this Court, challenging the order dated March 4, 2006 passed by second respondent-Commissioner of Police, Greater Mumbai, as also the order dated March 25, 2008, passed by the Appellate Authority. By these orders, the request made by the applicant for issue of licence was turned down. The petitioner also prayed for issuing arms license to him under section 3 of the Arms Act, l95l. 3. The affidavit in opposition was sworn by Ms Vandana Waman Narkar, Police Inspector attached to Arms and Ammunition Branch, Desk -X, Office of Commissioner of Police, Brihanmumbai. 4. Upon hearing both sides, Criminal Writ Petition was disposed of by this Court by order dated February l2, 2009. This Court quashed the impugned order and further directed the respondent to reconsider the case of the petitioner and pass appropriate orders in accordance with law within two weeks from that date. The present application 3 is taken out on March 22nd, 2009 complaining non compliance of the order dated February 12, 2009 as respondent did not reconsider the case of the petitioner and pass appropriate orders in accordance with law within two weeks from February l2, 2009. 5. By our order dated April 6, 2009, we noted that the applicant's application for arms license was disposed of on March l6, 2009. We directed the respondents to file an affidavit explaining the delay in disposal of the said application. 6. Pursuant to our directions, Ms.Vandana Waman Narkar has sworn an affidavit on April, l7,2009. In para l of the affidavit, she has tendered unconditional apology to this Court and further stated that she has utmost respect and regard to this Hon'ble Court and there is no intention or any deliberation on her part in not complying the order dated February l2, 2009 passed by this Court in Criminal WP No.2688 of 2009. In para No.3 of the affidavit it is stated that the order dated February l2, 2009, was received by the Office of 4 the Commissioner of Police, Mumbai on March 3, 2009 through the petitioner and official copy sent by the office to Public Prosecutor on March l3, 2009. The Commissioner of Police, Mumbai, after perusing the said order dated February l2, 2009, took decision on March l6, 2009 and the said decision was communicated to the petitioner vide letter bearing Outward No.623/Desk-10/2009 dated lst April,2009 through speed post. 7. In para 4 of the affidavit, it is set out that in the absence of the order dated February l2, 2009, it was not possible for the Commissioner of Police to pass appropriate orders. The delay occasioned in disposing of the application of the applicant-petitioner was neither deliberate nor intentional. Affiant also tendered unconditional apology to this Court. 8. We are satisfied with the statements made in the affidavit that the delay occasioned was neither deliberate nor intentional in deciding the application of the petitioner for issuance of Arms License. We accept the apology tendered by the 5 affiant. Since the application made by the petitioner is decided, we are not inclined to entertain the present application. Application stands accordingly dismissed reserving liberty to the applicant to adopt appropriate remedy for challenging the decision dated March l6, 2009 before appropriate forum in accordance with law. (SMT RANJANA DESAI,J) (R.G. KETKAR, J)