Bombay High Court

ARUNA LAXMAN SONJE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The dismissal can be set aside and the petition restored when sufficient cause is demonstrated.

Summary

The applicants filed an application seeking restoration of Criminal Writ Petition No. 272 of 2023, which had been dismissed for failure to amend within the prescribed time. Both the State and a contesting respondent opposed the restoration. The court examined the application and found that the applicants had shown sufficient cause to set aside the dismissal. Consequently, the court allowed the application, restoring the petition to the stage at which it was dismissed. The applicants were directed to file the required amendment within two weeks, failing which the petition will stand dismissed.

Issues considered

Whether a criminal writ petition dismissed for failure to amend within the stipulated time can be restored on showing sufficient cause.

Subjects

criminal writ petition
restoration
amendment
dismissal
sufficient cause

Judgment

                                                             912-APPLN-3078-2026.odt



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO. 3078 OF 2026
                              IN WP/272/2023

                       Aruna Laxman Sonje And Others
                                   VERSUS
                    The State Of Maharashtra And Another
                                      ...
Mr. H. P. Randhir, Advocate for Applicants.
Mr. P. J. Bharad, APP for the Respondent – State.
Mr. Rohit Patwardhan, Advocate for the contesting Respondent.
                                      ...

                                                     CORAM : R.M. JOSHI, J
                                                     DATE  : AUGUST 21, 2026

P. C. :

1.        This application is for restoration of Criminal Writ Petition No.272 of

2023, which came to be dismissed for not carrying out amendment within

the stipulated time.

2.        Heard learned counsel for both sides.

3.        Learned APP as well as counsel for the contesting respondent opposes

the application.

4.        Perusal of the application shows that sufficient cause has been shown

for setting aside the order of dismissal.

5.        Hence, the application stands allowed.

6.        The petition stands restored to the stage at which it was dismissed.

7.        Learned counsel for the applicant undertakes to carry out the

amendment within a period of two weeks from today. If the amendment is


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                                                        912-APPLN-3078-2026.odt



carried out, place the matter for hearing on 23 September 2026. In case,

amendment is not carried out within a period of two weeks, the petition

shall stand dismissed without reference to the Court.


                                                    (R. M. JOSHI, J.)
Kiran Kawre




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