1 wp3079.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3079 OF 2010 Abdul Sattar Abdul Aziz Khan. ....Petitioner Vs. The State of Maharashtra & Anr. ....Respondents Mr. Akhilesh Upadhyay, advocate for petitioner. Mr.K.V.Saste, APP for State. CORAM:- A.M.KHANWILKAR AND A.P. BHANGALE, JJ. DATED:- DECEMBER 2, 2010. P.C. 1. None appears for the Petitioner when the matter is called out. Dismissed for non-prosecution. 2. Later on, Mr. Upadhyay, advocate for the Petitioner mentioned the matter requesting to recall the order dismissing the Petition for non-prosecution on the ground that when the matter was called out, he was busy in some other court. 3. For the reason mentioned, order dismissing the Petition for non- prosecution is recalled. Petition is restored to file to its original number. 2 wp3079.10 4. The form in which the Petition has been presented is memo of appeal, which is ordinarily filed on the appellate side. Counsel for the Petitioner seeks leave to amend the Writ Petition. In the circumstances, the Petitioner is given one week’s time to carry out necessary amendment, if so advised and furnish amended copy of the Petition to the Office of Public Prosecutor within the same time. Amended copy of the Petition be filed in the Registry on or before 15th December, 2010, failing which writ petition to stand dismissed for non- prosecution without further reference to the Court. 5. Subject to above, list this matter on 21st December, 2010. 6. We make it clear that pendency of this Petition will not come in the way of the Authority to pursue show cause notice, as no interim relief has been granted as of now. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)