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2010 DAILYLAW 1898 (BOM)

ABDUL LRAHIM IBRAHIM KAHIM v. THE STATE OF MAHARASHTRA AND ANR

APPLN/2837/2010 · 2026-09-10

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Judgment text

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1 937APPLN2837.2010.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 937 CRIMINAL APPLICATION NO. 2837 OF 2010 Abdul Lrahim Ibrahim Kahim VERSUS The State Of Maharashtra And Anr ... Mr. S. A. Gaikwad APP for the State Adv. Khan M.B.W. for Respondent No. 2 ... CORAM : HITEN S. VENEGAVKAR, J. DATED : 10TH SEPTEMBER, 2026 PER COURT : 1. None appears for the Applicants even on the second call. When the matter was called out in the morning, Advocate D. P. Ghorpade appeared on behalf of the Applicants, holding for Mr. Bhosale, and requested an adjournment. As the Application has been pending before this Court since 2010, the learned Advocate for the Applicants and the learned APP were directed to take instructions and ascertain whether the cause raised in the Application survives. 2. In the second session, when the matter was again called out, the learned APP submits that, on 16.02.2016, the original proceedings came to be disposed of on the ground that the Complainant was not present. From 16.02.2016 till date, no steps appear to have been taken by the Original Complainant for restoration of the Complaint. According to the learned APP, the record also does not indicate that any such steps have been taken or that any subsequent 2 937APPLN2837.2010.odt orders have been passed in the proceedings. The present proceedings arise out of the order issuing process against the Applicants and the Complaint. As the original S.C.C. No. 213 of 2009 pending before the learned Jt. Judicial Magistrate First Class, Nilanga, District Latur, itself has been disposed of, nothing survives in the present Application. In view of the above, the Application stands disposed of as infructuous. 3. The order dated 16.02.2016 passed by the learned JMFC, Nilanga, Court No. 3, in the original proceedings is taken on record and marked as “Exhibit X” for the purpose of identification. [ HITEN S. VENEGAVKAR ] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 11/09/2026 15:56:41