Bombay High Court

AKSHAY NARENDRA PUNEKARversusSAMRADHNYA AKSHAY PUNEKAR AND ANR

Decided: 13 January 2026
Disposal: Allowed
Bench: MADHAV JAMDAR

Holding

The order dated 11 November 2025 is quashed and set aside, and the writ petition is restored to the court’s file.

Summary

The applicant filed an interim application seeking recall and setting aside of the order dated 11 November 2025, which had dismissed Criminal Writ Petition No.2920 of 2024 on the ground of non‑prosecution. The court examined the grounds raised in the interim application and found merit in the relief sought. Accordingly, the court allowed the interim application as per prayer clause (a). The order dated 11 November 2025 passed by the learned Single Judge was quashed and set aside. The writ petition was restored to the file of the High Court. The interim application was disposed of without any order as to costs.

Issues considered

Whether the order dismissing the criminal writ petition for non‑prosecution can be recalled or set aside by an interim application.

Subjects

interim application
recall of order
setting aside
non‑prosecution
criminal writ petition
High Court

Judgment

                                                     920-IA-110-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
               INTERIM APPLICATION NO.110 OF 2026
                                   IN
                  WRIT PETITION NO.2920 OF 2024


Akshay Narendra Punekar                               …Applicant
     Versus
Samradhny Akshay Punekar & Anr.                       …Respondents


Mr. Nikhil M. Pujari, for the Applicant.
Mr. S. M. Mangaonkar, APP, for the Respondent No.2-State.


                        CORAM:      MADHAV J. JAMDAR, J.
                        DATED :     13th JANUARY 2026
P. C.:


1.       This Interim Application is taken out for recall/setting aside

the order dated 11th November 2025 passed by a learned Single

Judge in Criminal Writ Petition No.2920 of 2024 dismissing the

same for non-prosecution.



2.       For the reasons set out in the Interim Application, the same

is allowed in terms of prayer clause (a).



3.       Resultantly, the order dated 11th November 2025 passed by a

learned Single Judge is quashed and set aside and the said



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                                                        920-IA-110-2026.DOC




    Criminal Writ Petition No.2920 of 2024 is restored to the file of

    this Court.



    4.       Accordingly, the Interim Application is disposed of in above

    terms with no order as to costs.




                                               [MADHAV J. JAMDAR, J.]



       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.01.13
       18:15:07
       +0530




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    Sonali

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