Bombay High Court

SHIVAI BALAII ZADE AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The order dismissing the revision application for want of prosecution was set aside and the revision was restored.

Summary

The applicants filed a criminal application seeking restoration of a revision application (Criminal Revision Application No. 189/2024) that had been dismissed on 07/09/2026 for want of prosecution. The court considered whether the dismissal could be set aside. After hearing counsel, the court found merit in the applicants' request and recalled the dismissal order. Consequently, the revision application was restored to its original position and scheduled for listing on 01/10/2026. The criminal application was thereafter disposed of.

Issues considered

Whether the order dismissing the criminal revision application for want of prosecution can be set aside and the revision restored

Subjects

criminal revision
restoration of proceedings
want of prosecution
procedural law

Judgment

                                                            3900.26appln
                                   (1)

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

          906 CRIMINAL APPLICATION NO. 3900 OF 2026
                       IN REVN/189/2024

               SHIVAI BALAII ZADE AND OTHERS
                          VERSUS
                THE STATE OF MAHARASHTRA
                                  …..
Mr G. K. Naik Thigle, Advocate for Applicants
Mr M. A. Aher, APP for Respondent/State
                                …..

                           CORAM : SUSHIL M. GHODESWAR, J.

                              DATE : 24th SEPTEMBER, 2026

P. C. :


1.           This is an application for restoration of criminal revision
application, which was dismissed vide order dated 07/09/2026 for
want of prosecution.
2.           Heard learned Advocate for the applicants.
3.           For the reasons stated in the application, the same is
allowed.     The order dated 07/09/2026 is recalled.           Criminal
Application is disposed of.
4.           Criminal Revision Application No.189/2024 be restored
to its original position and be listed on 01/10/2026.




                                     [SUSHIL M. GHODESWAR, J.]
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