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Bombay High Court

TEHMEENA NAVED KHANversusNAVED NASIR KHAN AND ORS

Decided
Disposal
Disposed Off

Holding

The application for condonation of delay is dismissed for non‑prosecution.

Summary

The applicant, Tehmeena Naved Khan, filed an interim application seeking condonation of a 49‑day delay in filing a criminal revision application challenging an order of the Additional Sessions Judge, Raigad dated 20 July 2019. No counsel appeared for the applicant when the matter was listed. The High Court had earlier issued notice to the respondents on 13 March 2020, but the notice could not be served because the spare copy was not supplied. Neither the applicant nor his counsel complied with the Court's directions, and the revision application remained pending. Consequently, Justice Ashish S. Chavan dismissed the delay‑condonation application on the ground of non‑prosecution, thereby rejecting the applicant's request.

Issues considered

  • Whether the Court should condone a 49‑day delay in filing the revision application.

Subjects

  • condonation of delay
  • revision application
  • non‑prosecution
  • criminal appellate jurisdiction
  • notice service

Judgment

SMITA       Digitally signed by SMITA
            JOHNSON GONSALVES
JOHNSON     Date: 2026.08.24 12:58:21
GONSALVES   +0530




                                sg                                                                             6.ia1409-19.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                           Interim Application No. 1409 Of 2019
                                                              In
                                   Criminal Revision Application (Stamp) No. 640 Of 2019


                Tehmeena Naved Khan                                                                        … Applicant

                                 versus
                Naved Nasir Khan And Ors.                                                                  … Respondents
                                                                          ----
                None for the Applicant.

                Ms. Sangeeta Shinde, APP, for the Respondent/ State.
                                                 ----
                                                                               Coram: Ashish S. Chavan, J.
                                                                               Date: 21st August, 2026.
                P.C.:

                1.               None appears for the Revision Applicant when called.



                2.               This is an application filed on behalf of the Applicant seeking to

                condone the delay of 49 days in filing the accompanying revision

                application. The revision application seeks to assail the order of the

                Additional Sessions Judge, Raigad, dated 20 th July, 2019.



                3.               Record indicates that this Court had issued notice to the

                Respondents on 13th March, 2020. However, notice was not issued

                                                                   Page 1 of 2
                                                      __________________________________________________

                                                            21st August, 2026
     sg                                                                                  6.ia1409-19.docx


since the spare copy was not supplied. Till date, the position remains

the same. Evidently, neither the Applicant nor his Counsel has taken

any steps to comply with the directions of this Court. Resultantly, the

revision application along with the accompanying delay condonation

application, is dismissed for non-prosecution.



                                                                                (Ashish S. Chavan, J.)




                                        Page 2 of 2
                           __________________________________________________

                                 21st August, 2026


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