Bombay High Court
PRABHAKAR S/O KONDIBA BHISEversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- APPLICATION ALLOWED
Holding
The court condoned the 26‑day delay and allowed the restoration of the matter.
Summary
The applicant, Prabhakar, filed a criminal revision seeking restoration of a dismissed matter on the ground that the original dismissal was due to non‑filing of the paper‑book. The filing of the restoration application was delayed by 26 days. The court noted that the applicant’s counsel now possessed the paper‑book but required two additional days to place it on record. The court exercised its discretion to condone the delay and allowed the application, directing the applicant to file the paper‑book within one week. Consequently, the matter was restored to its original file for further proceedings.
Issues considered
- Whether a delay of 26 days in filing a restoration application can be condoned under procedural law
- Whether the restoration of the dismissed criminal matter is permissible despite the initial procedural lapse
Subjects
- condonation of delay
- restoration of criminal proceedings
- paper‑book
- criminal revision
- procedural law
Judgment
2026:BHC-AUG:42007
954.APPLN.3244.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3244 OF 2017
IN
CRIMINAL REVISION APPLICATION NO. 34 OF 2017
Prabhakar S/o Kondiba Bhise ...Applicant
Versus
The State of Maharashtra and Another ...Respondents
***
Mr. Rahul Cheble h/f Mr. S. S. Gangakhedkar, Advocate for the
Applicant.
Mr. Chetan V. Bhadane, APP for Respondent – State.
***
CORAM : SUSHIL M. GHODESWAR, J.
DATE : SEPTEMBER 10, 2026
PER COURT :
1. This is an application for condonation of delay in
preferring the restoration application. There is a delay of 26 days.
This matter was dismissed for not filing the paper-book.
2. Today, the learned counsel for the Applicant is ready with
the paper-book, however, he requires two days for filing the same on
record.
3. Accordingly, the Application is allowed. The delay is
condoned.
Shrikant Malani Page 1 of 2
954.APPLN.3244.2017.doc
4. The matter is restored back to its original file.
5. The Applicant shall file the paper-book within a period of
one week from today.
( SUSHIL M. GHODESWAR, J. )
Shrikant Malani Page 2 of 2
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