((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.383 OF 2008 IN CRIMINAL WRIT PETITION NO.2722 OF 2006 Anoop Kumar Mishra and another Appliants versus Sunkara Ramesh Rao and another Respondents S.P.Kanuga i/by H.P.Vyas for applicants. Rajesh More, APP for State. CORAM : A.S.OKA, J. DATE : 04th May 2009 PC : 1. Heard learned counsel for the applicant. He states that notice has been served to the respondents and respondents are represented by an advocate whose name appears on the cause list. 2. The applicants are the petitioners in Criminal Writ Petition No.2722 of 2006. The said writ petition has been dismissed for non prosecution by order dated 24.9.2007 on the ground that none appeared for the applicants and service of notice is not completed. The learned counsel appearing for the applicants ((-2-)) submitted that what was on board on 24.9.2007 was not the writ petition but the Criminal Application no.121/2007 which was filed by the respondent no.1 for fixing an early date of hearing of the writ petition. He submitted that the name of the advocate appearing for the applicants was not shown on the cause list. He, therefore, submitted that a case is made out for restoration. 3. I have carefully considered the submissions. The applicants have annexed a xerox copy of the cyclostyled cause list published by the Advocates’ Association of Western India on 24.9.2007. The said cause list shows that what was on board was Criminal Application No.121/2007 in Writ Petition No.2722/2006. The said cause list does not show the appearance of the advocate for the applicants who was representing them in the writ petition. 4. Therefore, there is no justification for submissions made by the counsel for the applicants that the concerned advocate was not aware that the criminal application or the writ petition was on board on that particular day. ((-3-)) In any event, the cause list shows that the writ petition was not listed for admission on that day. 5. In the circumstances, a case is made out for restoration of the criminal writ petition. Record of the criminal writ petition shows that rule was not issued and notice before admission was issued. Hence, I pass following order :- (a) The criminal application is allowed; (b) Criminal Writ Petition No.2722 of 2006 is restored to file; (c) Criminal Application No.121/2007 is restored; (d) Ad-interim relief granted on 18.1.2007 is also restored; (e) The writ petition shall be placed for admission on 17.6.2009 (f) The advocate for the petitioners in the writ petition will serve notice of the date fixed to the first respondent. If affidavit of ((-4-)) service is not filed before the next date, the writ petition will be dismissed for non prosecution without further reference to the Court; (g) Ad-interim relief granted in Writ Petition on 18.1.2007 will continue to operate only till 17.6.2009. (A.S.OKA, J.)