Bombay High Court

TUSHAR YUVRAJ GITE AND OTHERSversusPUJA TUSHAR GITE

Disposal: APPLICATION ALLOWED

Holding

The court held that a criminal application dismissed for want of prosecution may be restored when both parties consent.

Summary

The petitioners filed a criminal application seeking restoration of Criminal Application No. 4454 of 2023, which had been dismissed for want of prosecution. The respondents did not object to the restoration. The court, noting the consent of both parties, allowed the application. Consequently, the dismissed criminal application was restored to its original position. The matter was adjourned to 8 October 2026, with any interim relief to continue until the next hearing.

Issues considered

Whether a criminal application dismissed for want of prosecution can be restored upon the consent of the parties

Subjects

criminal procedure
restoration of proceedings
want of prosecution
consent of parties

Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

              CRIMINAL APPLICATION NO. 1705 OF 2026
                       IN APPLN/4454/2023

                        Tushar Yuvraj Gite And Others
                                  VERSUS
                              Puja Tushar Gite

           WITH MISC.CIVIL APPLICATION NO. 200 OF 2023
                              Sau Puja Tushar Gite
                                     VERSUS
                               Tushar Yuvraj Gite

Mr. S. V. Dixit, Advocate for applicants
Mr. K. H. Joshi h/f Mr. S. A. Kulkarni, Advocate for respondent, in Misc.
CA/200/2023

                                      CORAM : R. M. JOSHI, J.
                                      DATE     : 22nd SEPTEMBER, 2026

PER COURT :-


1.           This application is for restoration of original proceeding i.e.,

Criminal Application No. 4454 of 2023 which came to be dismissed for

want of prosecution.


2.           Heard learned Counsel for both sides.


3.           Learned Counsel for respondent records no objection for

allowing application. In view of the same, application stands allowed.

Criminal Application No. 4454 of 2023 stands restored to its original




917-Cri Appln-1705-2026.odt                                             1 of 2
position.


4.            By consent of both sides, stand over to 08.10.2026.


5.            Interim relief, if any, to continue till the next date of hearing.




                                                          (R. M. JOSHI, J.)

B. S. Joshi




917-Cri Appln-1705-2026.odt                                                2 of 2

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