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Bombay High Court

LALITKUMAR MOTIRAM JONDHALEversusSUSHILABAI LALITKUMAR JONDHALE AND ANOTHER

Disposal
DISPOSED OFF

Holding

A criminal revision application may be dismissed for want of prosecution where the applicant fails to appear despite a clear warning.

Summary

The petitioner filed a criminal revision application (ST) No.11881 of 2024. The court had previously warned that if the applicant failed to appear on the next date, the matter would be presumed abandoned and dismissed. On the scheduled date, no representative of the applicant appeared. Consequently, the court dismissed the revision application for want of prosecution. As a result, the underlying Criminal Application No.4392/2024 was also disposed of.

Issues considered

  • Whether the criminal revision application should be dismissed for want of prosecution due to the applicant's failure to appear despite a clear warning?

Subjects

  • criminal revision
  • want of prosecution
  • non-appearance
  • dismissal
  • high court

Judgment

2026:BHC-AUG:41538


                                                                                  4392.24appln
                                                     (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                 914 CRIMINAL REVISION APPLICATION (ST.) NO.11881 OF
                                        2024
                                       WITH
                        CRIMINAL APPLICATION NO. 4392 OF 2024
                                IN REVNST/11881/2024

                              LALITKUMAR MOTIRAM JONDHALE
                                          VERSUS
                       SUSHILABAI LALITKUMAR JONDHALE AND ANOTHER
                                                    …..
                                             CORAM : SUSHIL M. GHODESWAR, J.

                                               DATE : 08th SEPTEMBER, 2026
                 P. C. :


                 1.             On last occasion i.e. on 25/08/2026, since nobody
                 appeared for the applicant, this Court had kept this matter today with
                 clear understanding that, if none appears for the applicant on next date,
                 this Court shall presume that the applicant is not interested in
                 prosecuting this matter and shall proceed to dismiss the same. Even
                 after passing this order, no one is present for the applicant.

                 2.             In that view of the matter, this criminal revision
                 application is dismissed for want of prosecution.

                 3.             In view of dismissal of revision application, Criminal
                 Application No.4392/2024 does not survive and the same is also
                 disposed of.



                                                       [SUSHIL M. GHODESWAR, J.]
                 sjk


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