1 wp243010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2430 OF 2010 Fakhre Alam Khan ...Petitioner VERSUS The State of Maharashtra & Ors. ...Respondents Mr. P.R. Pandey for the Petitioner Mr. K.V. Saste, Additional Public Prosecutor, for the State Mrs. Razia Badruddin Shaikh for Respondent No. 5. CORAM: A.M. KHANWILKAR AND A.P. BHANGALE, JJ. DATE: 19TH NOVEMBER, 2010 P.C.:- The main grievance in this petition is against respondent No. 4. By order dated 13th October, 2010, a fresh notice was issued to respondent No. 4. The petitioner was permitted to serve the said reply by advocate's notice. Since it was a conditional order, and the petitioner did not comply with the said condition, the office has treated the petition as dismissed as against respondent No. 4. If so, nothing survives for consideration in this petition. Realising this difficulty, counsel for the 2 wp243010 petitioner prays for time to take steps to get the petition restored as against respondent No.4, as also to serve respondent No.4 and file affidavit of service. 2. On the oral request made by the counsel for the petitioner, we restore the petition as against respondent No.4. Therefore, fresh notice is issued against respondent No.4, returnable on 17th January, 2011. The petitioner shall serve the said respondent either personally or by speed post / e-mail / fax and file an affidavit of service on or before 10th January, 2011, failing which, the entire petition be treated as dismissed for non-prosecution, without further reference to the Court. Subject to the aforesaid term, list on 17th January, 2011. A.P. BHANGALE, J. A.M. KHANWILKAR, J.