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
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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
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16th September, 2026
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