Bombay High Court

ANITA SHRIRANGRAO MASKE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The Court recalled the order of dismissal for want of prosecution.

Summary

The applicants, Anita Shrirangrao Maske and others, filed a criminal application which was initially dismissed for want of prosecution because no counsel appeared on their behalf. Despite the dismissal, counsel Mr. Abhishek Deshpande, representing Ms. Ashwini Deshpande, later appeared and requested that the dismissal order be recalled. The Court noted the lack of interest shown by the applicants but, in the interest of justice, decided to recall the dismissal. The matter was adjourned for further hearing on 23 October 2026. No substantive merits of the underlying criminal matter were addressed in this order.

Issues considered

Can an order of dismissal for want of prosecution be recalled in the interest of justice?

Subjects

criminal procedure
dismissal for want of prosecution
recall of order
interest of justice

Judgment

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO. 2075 OF 2024
                          IN APPLN/75/2024
                     Anita Shrirangrao Maske And Others
                                   VERSUS
                    The State Of Maharashtra And Another

Mr. N. R. Dayama, APP for respondent-State
Mr. Sharad Shinde, Advocate for respondent No. 2

                                      CORAM : R. M. JOSHI, J.
                                      DATE      : 24th SEPTEMBER, 2026

PER COURT :-

1.             None appears for applicants. Even on earlier occasion, none

has caused appearance on behalf of the applicants. In spite of application

being kept for dismissal, none has appeared for applicants. There is

reason to believe that the applicant is not interested in pursuing the

application. Consequently, application stands dismissed for want of

prosecution.


2.             Later on, learned Counsel, Mr. Abhishek Deshpande holding

for learned Counsel, Ms. Ashwini Deshpande appeared and sought recall

of the order.


3.             In the interest of justice, order of dismissal stands recalled.

At her request, stand over to 23.10.2026.


                                                        (R. M. JOSHI, J.)

B. S. Joshi



955-Cri Appln-2075-2024.odt                                              1 of 1

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