15.cr wp 3017-09.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3017 OF 2009 Kamruddin Nasruddin Shaikh .. Petitioner Vs The State of Maharashtra .. Respondent Mr. Amarendra Mishra for the Petitioner Ms. A.A. Mane, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 9th SEPTEMBER, 2010. P.C.: 1. Heard learned advocate for the petitioner and learned APP for the State. 2. The petitioner was issued a license for a fire arm. Thereafter, by order dated 6th June 2006, the said fire arm license came to be suspended by Commissioner of Police. The petitioner preferred the appeal against the said order before the Home Department. 3. Hearing of the appeal was kept on 24th February 2009 which was informed to the petitioner by notice dated 12th February 2009. However, the contention of the petitioner is that he received it on 2nd March 2009, hence he could not remain present before the Appellate Authority on 24th February 2010 to represent his case. Learned APP could 1 15.cr wp 3017-09.doc not show that the petitioner received notice prior to 24th February, 2009. 4. In this view of the matter, the order passed by the Appellate Authority dated 6th March 2009 is set aside. The appeal shall be heard and decide afresh on merits. 5. Learned APP on instructions state that the appeal will be kept for hearing on 15th September, 2010. 6. The petitioner is directed to remain present before the Appellate Authority at 10.30 a.m on 15th September, 2010. 7. Application is disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 2 15.cr wp 3017-09.doc 3