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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