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Bombay High Court

PRIYESH BHEDAversusVIJAYA NADAR AND ANR

Decided
Disposal
Dismissed

Holding

The order dismissing the leave application for non‑prosecution was recalled, and the matter was adjourned for further consideration.

Summary

The applicant, Priyesh Bheda, filed an application seeking leave to appeal an acquittal of the respondents in a case under Section 500 of the Indian Penal Code. The court noted that the applicant failed to appear on six scheduled dates, indicating a lack of seriousness, and dismissed the application for non‑prosecution. In the afternoon session, the applicant appeared in person and requested that the dismissal order be recalled. The judge, noting that the order had not yet been uploaded, recalled the dismissal and adjourned the matter for further consideration on 4 September 2026. The case was thus reopened for further hearing.

Issues considered

  • Whether the applicant's failure to appear on multiple dates warrants dismissal of the leave application for non‑prosecution
  • Whether the order of dismissal can be recalled upon the applicant's subsequent appearance

Legislation cited

Subjects

  • Leave to appeal
  • Acquittal
  • Section 500 IPC
  • Non‑prosecution
  • Recall of order
  • Criminal procedure

Judgment

       Digitally
       signed by
       VINA
VINA   ARVIND                                                            11.cri.alp.283.2016.doc
ARVIND KHADPE
KHADPE Date:
       2026.08.28
       19:11:38
       +0530
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL APPLICATION (ALP) NO.283 OF 2016

                    Priyesh Bheda                                 … Applicant
                          Versus
                    Vijaya Nadar and anr.                         … Respondents

                                                    ***
                    None for the Applicant in morning session.
                    Mr. Priyesh Bheda, Applicant (party in person) present in afternoon
                    session.
                    Ms. Sharmila Kaushik, APP for Respondent-State.
                                                    ***
                                                       CORAM : M.M. SATHAYE, J.
                                                          DATE     : 28 AUGUST, 2026
                    P.C. :

                                   In the morning Session :

                    1.       The Applicant is the complainant seeking leave to file an
                    Appeal against the order of acquittal of the Respondent of an offence
                    punishable under Section 500 of Indian Penal Code, 1860.

                    2.       On    02.09.2016,    19.01.2023,     17.11.2025,       08.12.2025
                    03.02.2026 and 14.08.2026, nobody appeared for the Applicant. In
                    the circumstances, it appears that the Applicant is not serious about
                    prosecuting the leave application.

                    3.       The Application is accordingly dismissed for non-prosecution.

                             In the afternoon Session :

                    4.       The Applicant-party in person appeared and prayed for

                    Vina Khadpe                               1
                                                   11.cri.alp.283.2016.doc




recalling of the above order. Considering the request made and the
fact that above order has not been yet uploaded, the above order is
recalled.

5.     Place the matter for further consideration on 04.09.2026.




                                         (M.M. SATHAYE, J.)




Vina Khadpe                          2


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