IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.400 OF 2009 IN CRIMINAL APPEAL NO.275 OF 1991 Usman Gani Mohamed Sardar (since deceased through his LR's) Smt.Khairunnisa Usman Gani & Ors. .. Applicants V/s. Mohammed Ayyb Usman & Ors. .. Respondents. Mr.Ramesh Karale for the Applicants. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 17TH, 2009. P.C. Heard Advocate Mr.Karale for the Applicants, also heard learned A.P.P. for the State. 2. It is the application of restoration of criminal appeal which was earlier dismissed on various occasions by this Court. In fact, this 1 is the Appeal challenging the acquittal of the accused persons for the offence punishable under section 199, 200, 465, 468 and 471 read with section 34 of Indian Penal Code. It is curious to note that said acquittal order was passed way back on 8th October, 1990 and the Appeal was filed in the year 1991 and since then it is pending. Certain factual position as transpired from the Roznama noting can be produced with advanced in order to see as to how the latitude given by the Court has been misused and how the matter is far protected without there having any steps taken for final hearing. The matter came to be dismissed on 30th November, 2004 when it was listed for final hearing. Again on the application that also with application for condonation of delay, was preferred, it was restored on 2nd May, 2005. Thereafter, again on 15th November, 2006 it was dismissed again it was restored on 17th November, 2006. Still no any proper measures were taken on behalf of the Applicants to proceed further with the matter. As such, again on 11th December, 2006 the matter came to be dismissed. Again, it was restored on 14th December, 2006. Even such latitude given by the Court was also not viewed with seriousness and still on 26th February, 2009 the matter came to be dismissed by this Court and which is the order now challenged and the application for restoration is under consideration. 3. It is significant to note that what is challenged in the criminal appeal is the acquittal of the accused persons way back in 2 the year 1990. Thereafter, since 1991 the Appeal is pending and as mentioned above on various dates though it was fixed for final hearing no steps were taken. In between the year 2000 original complainant/appellant died and his legal heirs were also allowed to prosecute the Appeal. Again there are latches on the part of such legal heirs resulting above situation which is in fact unwarranted in the opinion of this Court. The latitude so far given to the Applicants became misplaced and as such there is nothing to entertain the present application and to again reagitate the issue. 4. In view of the above, the present application is dismissed and accordingly disposed of. (A.R. JOSHI, J.) 3