1 wp1570.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1570 OF 2010 Sachin @ Chikna @ Patel Gajanan Shetye ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents Ms. Poornima Chauhan i/b. Nitin Shejpal-adv. For the petitioner. Mr. D.P.Adsule-APP for the State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 5, 2010. P.C. 1. None appears for the Petitioner when the matter is called out. Even though the Petitioner is represented by two advocates. Hence, dismissed for non-prosecution. The instructing officer is present in Court. If request for restoration of this Petition is made, the same will be entertained only if the Petitioner were to compensate the Respondent, in particular, for the expenses incurred and the time lost by the Officer, who had come to instruct the learned APP. That question will be raised at the appropriate stage. 2 wp1570.10 2. Later on, Ms. Poornima Chauhan for the Petitioner mentioned the matter requesting to recall the order dismissing the petition for non-prosecution on the ground that when the matter was called out, she was busy in some other Court. 3. For the reasons mentioned, in the interest of justice, the order dismissing the Petition for non-prosecution is recalled. Petition is restored to file to its original number. 4. By this Petition it is prayed that direction be issued to the Respondents to prosecute the Petitioner in CR NO. I-280/2007 registered with Mira Road Police Station as per law. Learned APP states on instructions that the Petitioner is already convicted in connection with some other offence and is presently lodged in Taloja prison. Further, the Investigating Officer has already moved the appropriate Authority for permission to prosecute the Petitioner in relation to CR No. I-280/2007. As soon as that permission is granted, further steps as may be required in accordance with law will be taken. Assurance given by the Respondents to Public Prosecutor is accepted. 5. We direct the appropriate Authority to consider the proposal regarding 3 wp1570.10 prosecuting the Petitioner forthwith and in any case take a final decision thereon not later than six weeks from today. After the final decision is taken, we hope and trust that the Investigating Officer shall immediately act upon the same and proceed in the matter in accordance with law. 6. In view of the above, nothing survives for consideration in this Petition. The same is disposed of. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)