1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.480 OF 2009 IN WRIT PETITION NO.2918 OF 2009 Smt.Nanki Chellaram Chellani & Ors. .. Applicant Vs. The State of Maharashtra & Ors. .. Respondents Mr.R.S.Apte, Sr.Advocate i/b Mr.N.R.Bubna for the applicant Dr.F.R.Shaikh, A.P.P. for respondent nos.1 and 2 Ms.Manju Sharma i/b Mr.A.V.Doijode for respondent no.3 CORAM : J. N. PATEL, ACTING C.J. & A.A. SAYED, J DATE : 19TH DECEMBER, 2009 P.C. : 1. On 15.12.2009 we had dismissed the petition for want of prosecution. 2. The learned counsel appearing for the petitioner submits that it is due to inadvertance that the matter could not be attended and further that it was placed on the board for order matters. Therefore, it was not proper for the court to have dismissed the petition for want of prosecution. 2 3. We do appreciate the submissions of the learned counsel for the petitioner but it should be taken note of that when the matter is listed for orders, particularly in criminal matters, the court is likely to dispose of the petition if it is not prosecuted though it may be shown under any caption and it does not discharge the petitioner or his counsel from remaining present in the court. 4. Insofar as the interim order is concerned, that cannot be restored as nobody remained present when the matter was shown under the caption Order Matters . ‘ ’ 5. Application stands disposed of accordingly. 6. Petition be listed for admission on re-opening. ( J. N. Patel, Acting C.J.) (A.A. Sayed, J)