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Bombay High Court

MEGHA TARUN SINGLAversusTARUN KEWALKRUSHAN SINGLA

Disposal
APPLICATION ALLOWED

Holding

A criminal application dismissed before service of notice may be restored in the respondent's absence if the delay is explained and no prejudice is caused.

Summary

The applicant, Megha Tarun Singla, filed a criminal application seeking restoration of Criminal Application No. 3973/2024 after the original proceedings were dismissed before the respondent, Tarun Kewalkrushan Singla, could be served notice. The applicant obtained leave from the court to serve the respondent, but the respondent remained absent. The applicant argued that the dismissal prior to service removed any barrier to restoring the application in the respondent's absence. The court examined the delay in filing the restoration application, found it satisfactorily explained, and determined that allowing the restoration would not prejudice the respondent. Consequently, the court allowed the application, restored the criminal application to its original position, and directed the removal of objections within two weeks. Upon removal of objections, the court ordered that notice be issued to the respondent for a hearing scheduled on 22 October 2026.

Issues considered

  • Whether a criminal application dismissed before service of notice can be restored in the absence of the respondent
  • Whether the delay in filing the restoration application warrants denial of relief

Subjects

  • restoration of criminal application
  • service of notice
  • procedural delay
  • absence of respondent
  • court discretion

Judgment

2026:BHC-AUG:41533
                                                                     969-APPLN-2465-2025.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        969 CRIMINAL APPLICATION NO. 2465 OF 2025
                                   IN APPLN/3973/2024

                                      Megha Tarun Singla
                                           VERSUS
                                   Tarun Kewalkrushan Singla

          Mr. S. V. Dixit, Advocate for Applicant

                                                            CORAM :R.M. JOSHI, J
                                                            DATE  :SEPTEMBER 08, 2026

          P. C. :

          1.           Pursuant to leave granted by this Court, Applicant has served

          the Respondent. Affidavit is filed to that effect. Respondent is absent.


          2.           Learned Counsel for the Applicant submits that the original

          proceedings was dismissed before service of notice on Respondent. It is his

          submission that in view of the said fact, there is no impediment in allowing

          application in absence of Respondent.


          3.           Perusal of the Application indicates that the delay caused in

          preferring application for restoration is satisfactorily explained. No prejudice

          will cause to the Respondent if application is allowed. Hence, Application is

          allowed in terms of prayer clauses ‘A’ and ‘B’. Criminal Application No.

          3973/2024 is restored to its original position.


          4.           Learned Counsel for the Applicant undertakes to remove office


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                                                      969-APPLN-2465-2025.odt



objections within two weeks.


5.            If objections are removed within this time, issue notice to

Respondents in Criminal Application No. 3973/2024, returnable on

22.10.2026.


                                                  (R. M. JOSHI, J.)
Malani




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