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Bombay High Court

BALASAHEV MANIKRAO DUDHATE.versusMADHAV CHANDRAKANT DUDHATE AND OTHER.

Disposal
APPLICATION ALLOWED

Holding

The court condoned the 36‑day delay and allowed the criminal revision application.

Summary

The petitioner, Balasahev Manikrao Dudhate, filed a criminal application seeking condonation of a 36‑day delay in filing a revision application. The court examined whether such a delay could be excused under procedural law. Relying on the reasons set out in the petition, the judge held that the delay was condonable. Consequently, the application for condonation was allowed and the revision application was ordered to be registered. The court also directed that notice in the revision be issued on 06‑10‑2026, with the applicant waiving service of notice on behalf of the respondent State.

Issues considered

  • Whether a delay of 36 days in filing a criminal revision application can be condoned

Subjects

  • condonation of delay
  • criminal revision
  • procedural law
  • notice waiver

Judgment

                                       *1*                       11appln834o18


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 CRIMINAL APPLICATION NO. 834 OF 2016
                          IN REVNST/36/2016
                 BALASAHEV MANIKRAO DUDHATE.
                                VERSUS
         MADHAV CHANDRAKANT DUDHATE AND OTHER.
                                    ...
      Advocate Anand Dale h/f Shri Rathi Swapnil S., Advocate for the
      Applicant.
      Shri A.A.A. Khan, APP for the Respondents/ State.
                                    ...
                        CORAM : SUSHIL M. GHODESWAR, J.

                         DATE : 15 September 2026
                             (Through VC)
      P. C. :-

      1.           This is an application for condonation of delay.

      There is delay of 36 days in filing the revision application.


      2.           For the reasons stated in the application, delay is

      condoned. Criminal Application No.834/2016 is allowed. The

      Criminal Revision Application be registered.


      3.           In Criminal Revision Application, issue notice to the

      respondents returnable on 06.10.2026. The learned APP waives

      service of notice on behalf of the respondent/ State.




kps                             ( SUSHIL M. GHODESWAR, J. )


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