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Bombay High Court

SHALAKA SHIRISH DESAIversusDAKSHA JITENDRA SHAH AND ANR.

Decided
Disposal
Disposed Off

Holding

The revision application is dismissed for non‑prosecution.

Summary

The applicant filed a criminal revision application challenging a September 2017 order of the Metropolitan Magistrate that allowed the respondent to reside in a MHADA flat. Since filing the revision in 2018, neither the applicant nor his counsel pursued the matter or sought circulation of the application. The court observed that the applicant showed no interest in prosecuting the revision. Consequently, the High Court dismissed the revision application and any accompanying applications for non‑prosecution. The dismissal reflects the principle that a party must actively pursue its remedy, and failure to do so warrants dismissal.

Issues considered

  • Whether a criminal revision application can be dismissed for non‑prosecution when the applicant shows no interest in pursuing the remedy

Subjects

  • revision
  • non‑prosecution
  • criminal procedure
  • Magistrate order
  • dismissal

Judgment

                Digitally signed by SMITA
SMITA JOHNSON   JOHNSON GONSALVES
GONSALVES       Date: 2026.09.17 18:48:15
                +0530




                                 sg                                                                                  28.revn200-18.docx


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                            Criminal Revision Application (Stamp) No.200 of 2018
                                                                   With
                                                   Criminal Application No. 209 of 2018
                                                                     In
                                            Criminal Revision Application (Stamp) No.200 of 2018

                     Jitendra Chhaganlal Shah                                                                      … Applicant
                           versus
                     Daksha Jitendra Shah And Anr.                                                                 … Respondents
                                                                   With
                                                   Criminal Application No. 327 of 2018
                                                                     In
                                            Criminal Revision Application (Stamp) No.200 of 2018


                     Shalaka Shirish Desai                                                                         … Applicant
                                      versus
                     Daksha Jitendra Shah And Anr.                                                                 … Respondents
                                                                                  ----
                     None for the Applicant.

                     Mr. Tanveer Khan, APP, for the Respondent/ State.
                                                     ----
                                                                                       Coram: Ashish S. Chavan, J.
                                                                                       Date: 16th September, 2026.
                     P.C.:

                     1.               By way of this revision application, the Applicant has challenged

                     order dated 6th September, 2017 passed by the Metropolitan

                     Magistrate, 26th Court, Borivali, Mumbai, allowing the Respondent
                                                                           Page 1 of 2
                                                              __________________________________________________

                                                               16th September, 2026
     sg                                                                                    28.revn200-18.docx


No.1 to reside in the flat at MHADA.



2.        Since institution of this application, neither the Counsel for the

Applicant nor the Applicant sought circulation of the application or

pressed for the reliefs sought for in the application.



3.        It is evident from the conduct of the Applicant that he is not

interested in prosecuting the revision application, which is pending

since 2018.        In view thereof, the revision application along with

accompanying applications, if any, are dismissed for non-prosecution.



                                                                                    (Ashish S. Chavan, J.)




                                            Page 2 of 2
                               __________________________________________________

                                16th September, 2026


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