1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1209 OF 2008 CRIMINAL WRIT PETITION NO. 1209 OF 2008 CRIMINAL WRIT PETITION NO. 1209 OF 2008 Smt. Rehmat Ahmed Naik ... Petitioner Vs. State of Maharashtra & Ors. ... Respondents Mr. A.N.Mulla, Advocate, for the petitioner. Mrs. A.S.Pai, APP, for the State. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 11th June, 2008 DATE : 11th June, 2008 DATE : 11th June, 2008. P.C P.C P.C. 1. Mr. Mulla, the learned Advocate for the petitioner, has presented this Petition for urgent orders as he apprehends that the petitioner is likely to be taken under arrest at any time. The prayers in this Petition read as under :- 2 "(a) Order of dismissal dated 14-02-2008 passed by D.G. KARNIK J in Criminal Revision Application No.256 of 1999 for non-prosecution and further directing Applicant to surrender before the Trial Court to undergo sentence, "be recalled"; (b) Pending hearing and final disposal of this petition order dated 14-02-2008 passed by D.G. KARNIK J. in Criminal Revision Application No.256 of 1999 for non-prosecution and further directing Applicant to surrender before the Trial Court to undergo sentence, be suspended or stayed; (c) the Criminal Revision Application No.256 of 1999 be restored for hearing afresh on merits ;" 2. Prayer clause (c) is already the subject matter of Criminal Application No.101 of 2008 filed in Criminal Revision Application No.256 of 1999. Prayer (a) is for recalling the order of dismissal dated 14.2.2008 passed by the learned Single Judge in Criminal Revision Application No.256 of 1999. The same cannot be considered by us as the petitioner’s remedy for the same 3 is before the learned Single Judge. So far as prayer (b) for interim relief is concerned, the same cannot be considered by us and the petitioner’s remedy lies before the learned Single Judge in Criminal Revision Application No.256 of 1999 wherein he has already filed an application for restoration and notices have been issued on the same. 3. Hence, the Petition is dismissed as not maintainable. (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)