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Bombay High Court

SACHIN FAKIRCHAND ZINE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The application for restoration is allowed; the dismissal order is set aside and the criminal application is restored, with a two‑week extension to file the amendment.

Summary

The petitioners filed an application seeking restoration of Criminal Application No. 1287/2024, which had been dismissed for failure to file a required amendment within the prescribed time. The respondents opposed the restoration. The court examined the delay in filing the restoration application and found the explanation satisfactory, noting that the underlying matter involved a matrimonial dispute and that justice required restoration. Consequently, the order dated 22.09.2025 dismissing the application was set aside, and the criminal application was restored to its original position. Additionally, the court extended the time allowed for filing the amendment by two weeks.

Issues considered

  • Whether the delay in filing the application for restoration of the criminal application is justified.
  • Whether the order dismissing the criminal application for non‑amendment should be set aside.

Subjects

  • criminal procedure
  • restoration of application
  • amendment deadline
  • delay
  • matrimonial dispute
  • interest of justice

Judgment

2026:BHC-AUG:27457
                                                                   988-APPLN-1791-2026.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 1791 OF 2026
                                   IN APPLN/1287/2024

                               Sachin Fakirchand Zine And Others
                                            VERSUS
                             The State Of Maharashtra And Another
                                               ...
          Mr. S. K. Chavan, Advocate for Applicants
          Mr. S. B. Narwade, APP for Respondents
          Mr. V. L. Bhange, Advocate for Respondent No. 2
                                               ...

                                                          CORAM : R.M. JOSHI, J
                                                          DATE  : JULY 10, 2026

          P. C. :

          1.           Mentioned out of turn.


          2.           This application is for restoration of Criminal Application,

          which is dismissed for not carrying out amendment within time.


          3.           Learned Counsel appointed for Respondent No. 2 vehemently

          opposed Application.


          4.           Perusal of the application and contents therein indicates that

          delay in filing of the application for restoration of the application is

          satisfactory explained. Considering the fact that it is a case of matrimonial

          dispute and in the interest of justice, application is allowed. Order dated

          22.09.2025 stands set aside and Criminal Application No. 1287/2024 stands

          restored to original position.

                                            Page 1 of 2
                                                 988-APPLN-1791-2026.odt




5.         Time to carryout amendment in Criminal Application No.

1287/2024 stands extended by two weeks.


                                             (R. M. JOSHI, J.)
Malani




                               Page 2 of 2


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