Bombay High Court

BALASAHEB BHIMRAO PHATAKversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that a criminal application dismissed for default may be restored when the default is due to negligence and an apology is tendered.

Summary

Balasaheb Bhimrao Phatak applied for restoration of Criminal Application No. 990 of 2026, which had been dismissed for default after failing to comply with a court order to amend the petition in accordance with the Apex Court's decision in Pradnya Pranjal Kulkarni v. State of Maharashtra. The applicant’s counsel explained that the non‑compliance was due to sheer negligence, not deliberate intent, and offered an apology. The court considered these explanations and concluded that the default was not willful. Accordingly, the court allowed the restoration of the criminal application to its original position and directed that the required amendment be completed within four weeks. After amendment, the court ordered notice to be issued to the respondent, though the applicant waived notice for the State.

Issues considered

Whether a criminal application dismissed for default can be restored on the ground of negligence and an apology.
Whether the court may impose a time‑limit for the required amendment after restoration.
Whether notice to the respondent may be waived by the applicant.

Subjects

criminal procedure
restoration of dismissed application
default
negligence
apology
amendment order
notice waiver

Judgment

2026:BHC-AUG:37777
                                              -1-
                                                               920-APPLN-3136-2026

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         CRIMINAL APPLICATION NO. 3136 OF 2026
                                  IN APPLN/990/2026

                             BALASAHEB BHIMRAO PHATAK
                                       VERSUS
                       THE STATE OF MAHARASHTRA AND ANOTHER

                                              ......
              Advocate for Applicant : Mr. Rahul Pandhari Cheble
              APP for Respondent - State : Mr. S. A. Gaikwad
                                              .....

                                         CORAM : HITEN S. VENEGAVKAR, J.
                                         DATED : 20th AUGUST 2026
              PER COURT :

              1.         Present application is for restoration of the Criminal

              Application No.990 of 2026.



              2.         Learned Advocate for the applicant submits that

              initially there was an order passed by this Court to carry out

              amendment in terms of the judgment of the Hon’ble Apex Court in

              case of Pradnya Pranjal Kulkarni v. State of Maharashtra and

              Another. Thereafter, time was granted by this Court to carry out

              the amendment. The same was not complied with, and therefore,

              the Criminal Application came to be dismissed for default.



              3.         Learned Advocate for the applicant submits that he has

              given sufficient explanation as to why the order of this Court was
                                  -2-
                                                    920-APPLN-3136-2026

not complied with, and therefore, he has also tendered an apology

for the same. The reasons mentioned in the application are

sufficient to come to the conclusion that it was not a deliberate act

on the part of the learned Advocate for the applicant not to comply

with the order. However, it was sheer negligence.



4.          Taking into consideration the reasons mentioned in the

application and the apology tendered by the learned Advocate for

the applicant, the application is allowed and the Criminal

Application is restored to its original position.



5.          Amendment to be carried out within a period of four

weeks from today.



6.          After amendment is carried out, issue notice to the

respondents Criminal Application No. 990 of 2026, returnable on

21.09.2026. Learned APP waives notice for respondent – State.



                                        (HITEN S. VENEGAVKAR)
                                               JUDGE




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