Bombay High Court
SAMEER ASHARAF TADAVIversusYASIM SAMEER TADAVI
- Disposal
- DISPOSED OFF
Holding
When the applicant fails to appear despite a clear warning, the court may presume lack of interest and dismiss the revision for want of prosecution.
Summary
The applicant failed to appear before the High Court on two consecutive dates despite a clear warning that non‑appearance would be taken as lack of interest. The Court reiterated that if no one appeared for the applicant on the next date, it would presume the applicant was not interested in prosecuting the matter. After the second non‑appearance, the Court dismissed the criminal revision application for want of prosecution. Consequently, the related Criminal Application No. 4441 of 2024 was also disposed of. The dismissal was based on procedural inactivity rather than merits of the case.
Issues considered
- Whether a criminal revision application may be dismissed for want of prosecution when the applicant fails to appear despite a warning.
Subjects
- criminal revision
- want of prosecution
- procedural default
- court dismissal
Judgment
2026:BHC-AUG:41536
4441.24appln
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
916 CRIMINAL REVISION APPLICATION (ST.) NO.12043 OF
2024
WITH
CRIMINAL APPLICATION NO. 4441 OF 2024
IN REVNST/12043/2024
SAMEER ASHARAF TADAVI
VERSUS
YASIM SAMEER TADAVI
…..
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 accordingly. 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.4441/2024 does not survive and the same is also
disposed of.
[SUSHIL M. GHODESWAR, J.]
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