Bombay High Court

SHIWAJI SAKHARAM DEVKATE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: ABHAY S WAGHWASE

Holding

The High Court may recall its own dismissal order and restore the criminal application upon the petitioners' undertaking to take immediate steps.

Summary

The petitioners filed a criminal application seeking restoration of Criminal Application No. 3388 of 2025, which had been dismissed on 5 February 2026 for failure to take steps within the stipulated period. The petitioners argued that they were now ready to comply with the procedural requirements and requested the court to recall the dismissal order. The court examined whether it had the jurisdiction to set aside its own earlier order and restore the application. Finding no legal impediment and noting the petitioners' undertaking to act promptly, the court allowed the restoration and recalled the dismissal order. The restored application was directed to be amended within two weeks, and the present application (No. 2425 of 2026) was disposed of.

Issues considered

Whether a High Court can recall its own order dismissing a criminal application for procedural default
Whether the petitioners are entitled to restoration of the dismissed application upon undertaking to comply with procedural requirements

Subjects

Criminal Procedure Code
Restoration of application
Procedural default
High Court jurisdiction
Order recall

Judgment

2026:BHC-AUG:25439


                                                                  948-CriAppln-2425-2026
                                                   -1-

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 2425 OF 2026
                            IN CRIMINAL APPLICATION NO. 3388 OF 2025

                           SHIWAJI S/O SAKHARAM DEVKATE AND OTHERS
                                               VERSUS
                            THE STATE OF MAHARASHTRA AND ANOTHER
                                                 …..
                 Mr. Ramankumar Gopal Dodiya, Advocate for Applicants.
                 Mr. V. K. Kotecha, APP for Respondent-State
                                                 …..

                                                CORAM :      ABHAY S. WAGHWASE, J.
                                                DATED :      02 JULY, 2026

                 PER COURT :-

                 1.     This application is filed seeking restoration of Criminal
                 Application No. 3388 of 2025, which stood dismissed by virtue of
                 order dated 05.02.2026 on failure to take steps within stipulated
                 period.


                 2.     For the reasons mentioned in the application, and as learned
                 counsel for the applicants undertakes to take immediate steps, the
                 application is allowed. The order dated 05.02.2026 passed in
                 Criminal Application No. 3388 of 2025 is recalled and the application
                 is restored to its original position. Applicants to carry out necessary
                 amendment within two weeks from today.


                 3.     Criminal Application No. 2425 of 2026 is accordingly disposed
                 off.



                                                          [ABHAY S. WAGHWASE, J.]
                 vre

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