Bombay High Court

SHAIKH SHAKIL S/O SAYYAD SADIKversusRIZWANO BANO W/O SHAIKH SAHKIL AND ANR

Disposal: DISMISSED

Holding

The criminal revision application is dismissed for non‑compliance with the Court’s order to deposit Rs.25,000.

Summary

The High Court of Bombay, Aurangabad Bench, entertained a criminal revision application filed by Shaikh Shakil Sayyad Sadik. The Court had earlier ordered the applicant to deposit Rs.25,000 on 4 January 2017, a direction that remained unfulfilled. On 12 August 2026, the Court granted a final opportunity to comply, warning that failure to deposit the amount would result in dismissal of the revision. The applicant’s counsel could not locate the applicant despite sending notices, and no deposit was made. Consequently, the Court dismissed the criminal revision application for non‑compliance and vacated any interim orders previously issued.

Issues considered

Whether the criminal revision application should be dismissed for the applicant's failure to comply with the Court's order to deposit the prescribed amount?

Subjects

criminal revision
non‑compliance
order to deposit
dismissal
procedural default

Judgment

                              1/3                    941-APPLN-5963-2016


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

         941 CRIMINAL APPLICATION NO. 5963 OF 2016
                            IN
     CRIMINAL REVISION APPLICATION (St.) No.240 OF 2016

                    Shaikh Shakil Sayyad Sadik
                             VERSUS
                Rizwano Bano Shaikh Sahkil And Anr
                               …..

Mr. Y. K. Bobade, Advocate for Applicant.
                               …..

                           CORAM : SUSHIL M. GHODESWAR, J.
                           DATE : 29 AUGUST, 2026

PER COURT :

1.        This Court, on 12 August 2026, observed that despite the

order dated 4 January 2017 directing the applicant to deposit an

amount of Rs.25,000/- in this Court, no amount has been

deposited till date.


2.        On 12 August 2026, while granting time to deposit the

amount, this Court made it clear that if the amount directed above

was not deposited by the next date, the instant Criminal Revision

Application would be dismissed. Hence, as there are no

instructions from the learned counsel for the applicant regarding

compliance with the aforesaid order, the instant Revision


Kiran Kawre
                                 2/3                   941-APPLN-5963-2016


Application is dismissed.


3.        Needless to say, any ad-interim order passed by this Court

stands vacated.


4.        Learned counsel for the applicant states that he tried to

contact the applicant by sending the letter and the same has been

returned to him.


5.        The learned counsel for the applicant states that he has tried

to send the letter on the address mentioned in the record, however,

the same is returned as “not claimed”. In that view of the matter,

the Court cannot merely sit over the matter and keep the matter

pending. Once it is found that the order passed by this Court has

not been complied with, despite granting sufficient time, no useful

purpose would be served by keeping the matter pending. The said

letter is taken on record and marked “X” for identification.


6.        The notice sent by the learned counsel for the applicant,

pointing out the order dated 12 August 2026, was also not

received by the applicant, as stated by the learned counsel for the

applicant. However, it is found that the applicant has not deposited

the amount as directed by this Court since the year 2017.

Kiran Kawre
                            3/3                  941-APPLN-5963-2016


Therefore, the instant Criminal Revision Application is dismissed

for non-compliance of the order.




                                    (SUSHIL M. GHODESWAR, J.)




Kiran Kawre

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