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Bombay High Court

HAUSABAI DADARAO TAYDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The dismissal of the private complaint for want of prosecution is upheld; illiteracy and remote residence do not excuse the complainant's failure to prosecute.

Summary

The complainant, an illiterate resident of a remote area, filed a private criminal complaint under Sections 504 and 506 read with 34 of the Indian Penal Code against several respondents on 27 April 2022. The case was listed repeatedly before the trial court, but the complainant failed to appear on 16 of the 26 occasions, appearing only on 10 dates. The trial court dismissed the complaint for want of prosecution on 9 March 2026. The complainant sought leave to appeal the dismissal, arguing that her illiteracy and remote residence justified her non‑appearance. The High Court examined the record, noted the prolonged neglect of the proceedings, and held that mere illiteracy or remote residence does not excuse a failure to diligently prosecute a private complaint. Consequently, the Court refused leave to appeal, upholding the dismissal.

Issues considered

  • Whether illiteracy and residence in a remote area constitute sufficient grounds to excuse a complainant's failure to prosecute a private criminal complaint.
  • Whether the trial court was justified in dismissing the private complaint for want of prosecution.

Legislation cited

Subjects

  • private complaint
  • want of prosecution
  • illiteracy
  • remote area
  • Indian Penal Code
  • criminal procedure
  • leave to appeal

Judgment

2026:BHC-AUG:43119


                                                                          ALP-31-2026.odt




                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                     APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 31 OF 2026
                                     HAUSABAI DADARAO TAYDE
                                                VERSUS
                             THE STATE OF MAHARASHTRA AND OTHERS
                                                  .…
                 Mr. Subhash K. Savangikar, Advocate for Applicant
                 Mr. V. V. Jahagirdar, APP for Respondent No.1
                 Mr. Shankar B. Kendre, Advocate for Respondent Nos.2, 3 and 5
                                                  .…

                                     CORAM :     ABHAY S. WAGHWASE, J.

                            RESERVED ON :        22 September, 2026
                         PRONOUNCED ON :         23 September, 2026
                 PER COURT :-

                 1.           Original   complainant,    who     instituted    private

                 complaint alleging commission of offence under Sections 504 and

                 506 read with 34 of I.P.C., is dissatisfied by the order passed by

                 trial Court dated 09.03.2026 on Exhibit-1 in S.C.C. 501 of 2022,

                 dismissing complaint for want of prosecution.


                 2.           Learned counsel for applicant submits that the present

                 applicant had instituted the above complaint alleging commission

                 of offence under Sections 504 and 506 read with 34 of I.P.C.

                 against the respondents. That, matter appeared on the board

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almost 26 times and complainant was present on only 10 dates, but

was absent on 16 dates.      The applicant is illiterate person and

moreover, resides in the remote area and as such, the applicant had

no knowledge about the status of the matter filed by her. Learned

trial Court has dismissed the application for want of prosecution and

therefore, for above reasons learned counsel prays to restore the

matter by setting aside the order of dismissal dated 09.03.2026.


3.          Per contra, learned counsel for the respondents opposed

the application, pointing out that the matter is three years old, that

the complainant was repeatedly absent, and that she failed to

prosecute the matter. Despite sufficient opportunity having been

granted, no steps were taken, and the impugned order came to be

passed, which, according to him, is justified. Learned counsel also

placed on record an affidavit to show that the applicant was

undergoing training and, therefore, submitted that the relief sought

may be granted.

4.          Heard. Perused the record. Copies of rozanama are also

placed on record.   It emerges that present applicant had instituted

private complaint under Sections 504 and 506 read with 34 of I.P.C.


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against the respondent. The complaint was instituted on 27.04.2022.

Copies of rozanama show that, matter appeared on the board

regularly i.e. on 15.06.2022, 25.06.2022, 03,08,2022, 04.11.2022

and so on. It appears that, the complainant was absent as many as 16

times. Therefore, apparently, there is negligence on the part of the

complainant conducting the proceeding instituted by her.                The

impugned order is of 2026. For three years the matter seems to gone

unattended for sufficiently long time. As pointed out, it does appear

that learned trial Court has posted the matter for orders of dismissal

on 23.02.2026, 27.02.2026 and finally on 09.03.2026. The

complainant failed to appear and contest the proceedings, therefore,

impugned order has been passed. Indeed, there has been a failure on

the part of the complainant to prosecute the matter. Mere illiteracy or

residence in a remote area cannot be considered sufficient grounds to

excuse the complainant’s failure to diligently prosecute the matter. No

good case is made out. Therefore, following order is passed.

                              ORDER

                          Leave is refused.



                                    [ ABHAY S. WAGHWASE, J. ]
SMS




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