Bombay High Court

PALLU KAMLESH CHAUDHARIversusTHE COMMISSIONER OF POLICE AND ORS

Decided: 22 June 2026
Disposal: Allowed
Bench: SARANG VIJAYKUMAR KOTWAL ASHISH SAHADEV CHAVAN

Holding

The court allowed the restoration of the dismissed criminal writ petition.

Summary

The applicant filed an interim application seeking restoration of Criminal Writ Petition No.5226 of 2025, which had been dismissed for non‑prosecution. The applicant argued that the previous counsel failed to appear and that the detainee’s relatives were not informed, raising concerns of procedural unfairness. The court noted that the main writ petition pertained to a preventive detention order and, in the interest of justice, found merit in the request. Consequently, the court allowed the interim application, restored the criminal writ petition to its original file, and disposed of the application. The order effectively reinstates the petitioner’s challenge to the detention order.

Issues considered

Whether a criminal writ petition dismissed for non‑prosecution can be restored on grounds of procedural irregularity
Whether the interest of justice warrants reinstatement of a petition involving preventive detention

Subjects

criminal writ
restoration
preventive detention
procedural fairness
non‑prosecution

Judgment

                                            1/2           11-IA-1785-26-IN-WP-5226-25.odt

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION

                           INTERIM APPLICATION NO.1785 OF 2026
                                           IN
                              WRIT PETITION NO.5226 OF 2025

            Pallu Kamlesh Chaudhari                              .... Applicant

                          versus

            The Commissioner of Police,
            Pune & Ors.                                          .... Respondents
                                               …....

            •     Ms. Jayashree Tripathi a/w Ms. Anjali Raut, Advocate for
                  Applicant.
            •     Ms. M. H. Mhatre, APP for the State/Respondent.

                                   CORAM      : SARANG V. KOTWAL &
                                                ASHISH S. CHAVAN, JJ.
                                   DATE       : 22nd JUNE, 2026

            P.C. :


            1.            This is an application for restoration of Criminal Writ

                 Petition No.5226 of 2025, which was dismissed for non-

                 prosecution vide the order dated 10/10/2025.



            2.            Learned counsel for the Applicant submitted that the

                 earlier Advocate did not remain present and no information was

                 given to the relatives of the detenue.

Nesarikar
                                 2/2          11-IA-1785-26-IN-WP-5226-25.odt




3.            Considering this situation, in the interest of justice and

     since the main Writ Petition arises out of preventive detention

     order, we are inclined to allow this application.



4.            Hence, the following order :



                                  ORDER


               (i)    The application is allowed.


               (ii)   The Criminal Writ Petition No.5226 of 2025 is
                      restored to its original file.


               (iii) The application is disposed of.




         (ASHISH S. CHAVAN, J.)                 (SARANG V. KOTWAL, J.)

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