1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.3895 OF 2009 IN CRIMINAL WRIT PETITION NO.425 OF 2009 Ramesh s/o Kashinath Patil and others ... APPLICANTS VERSUS The State of Maharashtra and others ... RESPONDENTS ----- Shri A.M. Gaikwad, Advocate for applicants Shri K.J. Ghute Patil, A.P.P. for respondents ----- CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATED : 7th January, 2010. ORAL ORDER : 1. This is an application filed by the applicants/ petitioners, who seek recall of the order of this Court dated 12.10.2009 dismissing the petition for non prosecution on account of non removal of the office objections. 2. It appears that, this petition was placed before the Court on 15.6.2009. On that day none had appeared for the petitioners and since the objections were not removed, this Court 2 directed the removal of the objections within two weeks from the date of the order, failing which the petition would stand dismissed without further reference to Court. It appears that, since the objections were not removed, the petition stood dismissed as per the order of this Court. Later on, this petition was moved before the Division Bench and a statement came to be made before the Division Bench that the objections had been removed and consequently, the Division Bench recalled the order dismissing the petition, dated 15.6.2009. The aforesaid order restoring the petition to file is dated 25.9.2009. The Division Bench, by its order dated 25.9.2009, issued notices to respondents 1 to 4. Subsequently, it was brought to the notice of the Division Bench that the objections had not been removed and the petition had been wrongly restored to file. The Division Bench, therefore, by its order dated 12.10.2009, recorded that according to the registry, in spite of statement made before the Court by the counsel that objections were removed, the objections in fact had not been removed and the Court, therefore, dismissed the petition for non prosecution. An application for restoration has been filed seeking recall of the order of this Court dated 12.10.2009 dismissing the petition for want of prosecution. During the course of hearing, it transpired that an incorrect statement has been made on behalf of the petitioner that the objections had been removed and the Court, relying upon the aforesaid statement, had restored the 3 petition to file. There were no averments in the application for restoration as to how and why the aforesaid incorrect statement came to be made. An affidavit of the counsel has been filed explaining the circumstances in which the said incorrect statement had been made. We accept the apology which is tendered across the bar for incorrect statement and allow the application for restoration and recall the order of this Court, dated 12.10.2009 dismissing the petition for non prosecution. The petition, therefore, now stands restored to file on the condition that all office objections be removed within two weeks from today. In the circumstances, there will be no order as to costs. [ SHRIHARI P. DAVARE, J.] [ P.V. HARDAS, J.] fmp/cri3895.09