spb/- 1 appa-144-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 144 OF 2011 IN CRI. APPLICATION NO. 5602 OF 2010 IN CRI. APPEAL NO. OF 2010 Union of India ... Applicant. (Org.Complainant) V/s. Iftekar Abdul Karim Dafedar & Ors. ... Respondents. --- Mr. A.S.Gadkari for the Applicant -Union of India. Mr. P.A. Pol, PP for the State. Mr. Anil Lalla i/by Lalla & Lalla for the Respondent No.3. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 25TH APRIL, 2011. P.C. 1 This is an application at the instance of the Applicant, seeking recall of the conditional order dated 17th February, 2011, directing the dismissal of the Cri. Application No. 5602 of 2010 as against the respondent no. 1 in the event the respondent no.1 was not served. It appears that consequent to the said order, the Cri. Application no. 5602/2010 stood dismissed as against the respondent no. 1. 2 We have heard the learned APP for the Applicant and the learned counsel representing the respondent no.2 and for the reasons stated in this application, this application is allowed and the order of this court spb/- 2 appa-144-11.sxw dated 17th February, 2011, dismissing the criminal application no. 5602 of 2010 as against the respondent no. 1 is recalled and the said application is restored to file on the condition that the applicant shall serve the respondent no.1 by way of service including paper book publication within six weeks from today. We make it clear that in the event the applicant is unable to serve the respondent no.1 within six weeks from today, the criminal application no. 5602 of 2010 would stand dismissed as against the respondent no.1 without further reference to the court. 3 The application stands allowed accordingly. [M.N.GILANI,J.] [P.V. HARDAS, J.]