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
- Indian Penal Code, 1860 — s. 500
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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