Bombay High Court

IRFAN IBRAHIM SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 17 September 2026
Disposal: Allowed

Holding

The order dated 22 July 2026 dismissing the writ petition for non‑prosecution is recalled and the writ petition is restored to the court's file.

Summary

The petitioners, Israr Ahmed Ibrahim Shaikh and others, had filed Writ Petition No.3868 of 2024 challenging actions of the State of Maharashtra. The High Court dismissed the writ petition on 22 July 2026 on the ground of non-prosecution. The petitioners filed an interim application (No.2967 of 2026) seeking recall of that dismissal order. The Court, after considering the arguments, allowed the interim application, recalling the 22 July order and restoring the writ petition to the court's file. Consequently, the writ petition remains pending for further adjudication.

Issues considered

Whether the order dismissing the writ petition for non‑prosecution can be recalled on an interim application
Whether procedural requirements for recalling a dismissal order have been satisfied

Subjects

interim relief
non‑prosecution
writ petition
recall of order
criminal appellate jurisdiction

Judgment

                                                                                  01-IA-2967-2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO.2967 OF 2026
                                                      IN
ARJUN                                    WRIT PETITION NO.3868 OF 2024
VITTHAL
KUDHEKAR              Irfan Ibrahim Shaikh                                      ...Applicant
Digitally signed by
ARJUN VITTHAL
KUDHEKAR              In the matter between
Date: 2026.09.17
19:28:16 +0530
                      Israr Ahmed Ibrahim Shaikh & Ors.                         ...Petitioners
                              Versus
                      The State of Maharashtra & Anr.                           ...Respondents
                                                   ——————
                      Ms. Amita Chaware i/b Nidhi Sharma, for the Applicant.
                      Mr. S. V. Walve, APP, for the Respondent-State.
                      Ms. Prerna Panpate, for Respondent No.2.
                                                      ——————
                                                         Coram: Madhav J. Jamdar, J.
                                                         Date: 17 September 2026
                      P.C.:

                      1.      The relief sought in this Interim Application is to recall the Order

                      dated 22nd July 2026 passed in Writ Petition No.3868 of 2024 by which

                      the Writ Petition has been dismissed for non-prosecution.

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

                      allowed in terms of prayer clauses (a), (b) and (c).

                      3.      Resultantly, the Order dated 22nd July 2026 passed by this Court

                      is recalled and the Writ Petition is restored to the file of this Court.



                                                                         [Madhav J. Jamdar, J.]



                      Arjun                                1

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