Bombay High Court

SANJAY APPASAHEB PAWARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court allowed the restoration application, condoned the delay, recalled the dismissal order, and restored the writ petition subject to compliance with amendment directions.

Summary

The applicant filed a criminal application seeking restoration of Writ Petition No. 1005 of 2021, which had been dismissed for default on 16 January 2026 after failing to amend the petition as directed by the Apex Court. The application was filed 178 days after the dismissal, and the applicant explained the delay, offering an apology and a promise to comply within two weeks. The court examined the explanation, found it unsatisfactory but sufficient, and emphasized that justice required consideration on merits rather than technicalities. Consequently, the court allowed the application, condoned the delay, recalled the dismissal order, and restored the writ petition to its original position, directing the applicant to amend the petition within two weeks and pay costs. Failure to comply would result in dismissal without further reference to the court.

Issues considered

Whether a delay of 178 days in filing an application for restoration of a dismissed writ petition can be condoned.
Whether the dismissal of the writ petition for want of prosecution can be set aside and the petition restored.
Whether the applicant must comply with the Apex Court's directions regarding amendment and annexation of the charge sheet within a stipulated period.

Subjects

restoration of writ
delay condonation
default dismissal
criminal writ petition
amendment compliance
charge sheet annexation

Judgment

927appln3362-26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

927 CRIMINAL APPLICATION NO. 3362 OF 2026
IN WP/1005/2021

Sanjay Appasaheb Pawar
VERSUS
The State Of Maharashtra And Others
...
Mr. Satyajit Pawar h/for Mr. Bhosale Mahesh S., Advocate for the
Applicant
Ms. Ashlesha Deshmukh, APP for the Respondent-State

CORAM : HITEN S. VENEGAVKAR, J.
Dated : 18th August, 2026
PER COURT :-

1. The learned Advocate for the applicant submits that the
present application is filed seeking restoration of Writ Petition No. 1005
of 2021 which came to be dismissed for default by order dated
16.01.2026. He further submits that there is a delay of almost of about
178 days in filing of the present application for restoration.

2. The order, by which the main writ petition came to be
dismissed for want of prosecution, was passed for the reason that
inspite of granting repeated extensions of time to carry out amendment
in terms of the Judgment of the Apex Court in case of Pradnya Pranjal
Kulkarni Vs. State of Maharashtra and another, the amendment was
not carried out by the applicant and his Advocate.

3. Perused the application. The reasons, as to why the applicant
as well as his Advocate could not comply the directions, are specially
stated in paragraph no. 3 of the application. Though the reasons stated
are not satisfactory, they are yet sufficient to accept as an explanation.

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927appln3362-26

The applicant has approached this Court with a cause and the interest
of justice requires that the cause be redressed by considering the matter
on merits and not to proceed on the technicalities. The learned
Advocate for the applicant has also tendered his apology for not
complying with the orders of this Court and he assures that the
compliance will be done within a period of two weeks from today.

4. For the aforesaid reasons, following order is passed:
ORDER

(a) Criminal application No. 3363 of 2026 in Criminal writ Petition
No.1005 of 20021 stands allowed.

(b) Delay of 178 days caused in filing of the application is condoned.

(c) The order dated 16.01.2026 passed by this Court dismissing Writ
Petition No. 1005 of 2021 for non prosecution stands recalled and
the Writ Petition is restored to its original position.

(d) The amendment in terms of annexing the charge sheet and
complying with the directions of the Apex Court judgment in
Pradnya Pranjal Kulkarni be carried out within a period of two
weeks from today, failing which, the writ petition will stand
dismissed without reference to this Court.

(e) The Applicant is directed to pay the cost of Rs.15,000/- (Rupees
Fifteen Thousand only), to be deposited with the Bar Library of
Advocates' Association of Bombay High Court, Bench at
Aurangabad within a period of one week from today.

(HITEN S. VENEGAVKAR, J.)
JPChavan

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