Bombay High Court

MALA PARESH ADVA AND ANRversusPARESH PANDURANG MANE AND ORS

Decided: 24 August 2026
Disposal: Allowed

Holding

The Court condoned the delay and allowed the interim application for restoration of the criminal writ petition.

Summary

The Applicants filed an interim application seeking restoration of Criminal Writ Petition No. 71 of 2018, which had been dismissed for non-prosecution on 12 June 2026. The application was filed 49 days after the dismissal, raising a question of whether the delay could be condoned. The Court examined the explanation provided by the Applicants and found it sufficient to justify condonation of the delay. Accordingly, the Court exercised its discretion under the relevant procedural provisions to condone the delay. The interim application was therefore allowed, permitting the restoration of the dismissed writ petition.

Issues considered

Whether a delay of 49 days in filing an application for restoration of a dismissed criminal writ petition can be condoned
Whether the criminal writ petition dismissed for non-prosecution may be restored upon condonation of delay

Subjects

condonation of delay
restoration of writ petition
criminal procedure
non-prosecution dismissal

Judgment

                    KSG                                                        12-IA-2939-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                         INTERIM APPLICATION NO.2939 OF 2026
                                                         IN
                                          CRIMINAL APPLICATION NO.5 OF 2018
                                                         IN
                                         CRIMINAL WRIT PETITION NO.71 OF 2018
                    Mala Paresh Adva & Anr                            … Applicants
                          V/s.
                    Paresh Pandurang Mane & Ors                       … Respondents
                                   _______________________________________

                    Ms. Kairavi Dedhia i/b Legal Chartered for the Applicants/Petitioners.
                    Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                                      _______________________________________

                                                CORAM : A. S. GADKARI AND
                                                        KAMAL KHATA, JJ.
                                                DATE  : 24th AUGUST, 2026
                    P.C. :
                    1)           This is an Application for restoration of Criminal Writ Petition

                    No. 71 of 2018, which was dismissed for non-prosecution by Order dated

                    12th June, 2026.

                    1.1)         There is a delay of 49 days in preferring present Application.

                    2)           Perusal of Application indicates that, sufficient cause is made out

                    for condonation of delay.

                    3)           In view thereof and for the reasons stated in the Application,
       Digitally
       signed by
       KIRAN        delay is condoned and Interim Application is allowed in terms of prayer
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
       2026.08.27
       11:16:04
       +0530
                    clause (a) to (c).




                                 ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )
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