Bombay High Court
TANAJI ROHIDAS GADE AND ORSversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the interim application, condoned the delay, recalled the dismissal order and restored the writ petition.
Summary
The original writ petition (ST) No.7282 of 2024 was dismissed for non-prosecution by an order dated 3 October 2025. The petitioners filed an interim application on 3 May 2025 seeking to set aside that dismissal and to condone a 16‑day delay in filing the application. The court considered whether the delay could be condoned and whether the earlier dismissal order could be recalled. It allowed the interim application, condoned the delay, recalled the 3 October 2025 order and directed that the writ petition be restored to the file. The interim application was thereafter disposed.
Issues considered
- Whether a delay of 16 days in filing the interim application can be condoned.
- Whether the order dated 3 October 2025 dismissing the writ petition for non‑prosecution can be recalled.
- Whether the writ petition can be restored to the court’s file.
Subjects
- interim application
- condonation of delay
- recall of order
- writ petition
- non‑prosecution
- criminal appellate jurisdiction
Judgment
117.IA.3051.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3051 OF 2026
IN
WRIT PETITION (ST.) NO.7282 OF 2024
Tanaji Rohidas Gade and Ors. .. Applicants
IN THE MATTER BETWEEN:
Tanaji Rohidas Gade and Ors. .. Petitioners
Versus
The State of Maharashtra and Anr. .. Respondents
....................
Mr. Sagar Kursija, Advocate i/by Mr. Anshuman Deshmukh for
Applicants / Petitioners.
Mr. Amit Munde, Additional PP for Respondent No.1 – State.
Mr. Manoj Badgujar, Advocate for Respondent No.2.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 29, 2026
P.C.:
1. Heard Mr. Kursija, learned Advocate for Applicants /
Petitioners; Mr. Munde, learned Additional PP for Respondent No.1 –
State and Mr. Badgujar, learned Advocate for Respondent No.2.
2. At the outset, Petition was dismissed for non-prosecution by
order dated 03.10.2025. Interim Application is filed for setting aside
of the order dated 03.05.2025. Interim Application is taken up for
hearing. Interim Application stands allowed in terms of prayer clauses
(b) and (c) which read thus:-
“b. Delay of 16 days in filing of present interim application may
kindly be condoned;
c. This Hon’ble Court may kindly be pleased to re-call order dated
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117.IA.3051.2026.doc
03rd October, 2025 passed in the original writ petition and further
be pleased to restore the writ petition to its file ”.
3. With the above directions, Interim Application is allowed and
disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
by HARSHADA
HARSHADA HANUMANT
SAWANT
HANUMANT Date:
SAWANT 2026.09.01
19:55:47
+0530
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