1 crwp1793 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.1793 OF 2009 M/s.Tops Security Ltd. & anr. ...Petitioners vs. Inspector A.T.Bahire & Anr. ...Respondents None for the Petitioners Ms Dr.Pallavi Divekar for the respondent no.1 Mr.A.R.Patil, A.P.P for State. CORAM : A.S.OKA,J. DATE : SEPTEMBER 30, 2011 P.C.: 1 None appears for the petitioners. The order dated 15th September 2011 passed by this Court reads thus : . Learned counsel appearing for the first Respondent pointed out that in the complaint subject matter of this Writ Petition, the Petitioners appeared before the learned Magistrate on 18th August, 2009 and they pleaded guilty. Her submission is that by suppressing this factual aspect, on 18th July, 2011 a prayer was made before this Court for grant of ad-interim relief by the Petitioners. The learned counsel appearing for the Petitioners seeks time to take instructions on this aspect. 2. Stand over till 30th September, 2011. High upon board. 2 crwp1793 2 The learned counsel for the first respondent has produced for perusal of the Court the order passed by the learned Magistrate which shows that the petitioners pleaded guilty and the petitioners have been sentenced to S.I till rising of the Court and have been directed to pay fine of Rs.500/- only. The order of sentence has been passed on 18th August 2009. The learned counsel appearing for the respondent no.1 states that the order of Magistrate has been passed in the complaint subject matter of this Writ Petition. 3 Perusal of the record shows that on the prayer made by the learned counsel for the petitioners, on 18th July 2011, this Court issued notice to the respondents and ad-interim relief was granted. 4 The fact that the petitioners had pleaded guilty was suppressed from this Court. On the last date, the Counsel for the petitioners sought time to take instructions. Today, none appears for the petitioners. 5 On the basis of the statement made by the petitioners, notice was issued by this Court to the first respondent. In fact, on 18th July 2011 the petition had become infructuous. Notice was issued in an infructuous petition on the request of the petitioners. Therefore, the petitioners will have to pay costs. The amount of costs is quantified at Rs. 25,000/- 6 Hence, the petition is dismissed. The petitioners shall pay costs of Rs.25,000/- to the 3 crwp1793 first respondent within a period of six weeks from today. For reporting compliance, the petition shall be placed on board on 30th November 2011. JUDGE