Bombay High Court

MANGESH LAXMAN KAMBLEversusBABULAL MULCHAND VARMA AND ORS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The Court held that a criminal application dismissed for non‑prosecution may be restored upon the applicant’s request.

Summary

Mangesh Laxman Kamble filed Criminal Application No. 356 of 2016 which had been dismissed for non‑prosecution. He filed Interim Application No. 3740 of 2025 seeking restoration of the dismissed criminal application. The learned counsel for the applicant submitted reasons supporting restoration. The Court, after considering the submissions, allowed the interim application and ordered that the criminal application be restored to the file and listed for hearing on 27 March 2026. No other substantive issues were addressed.

Issues considered

Whether a criminal application dismissed for non‑prosecution can be restored on the applicant’s request

Subjects

restoration of criminal proceedings
non‑prosecution dismissal
interim application
criminal appellate jurisdiction
Bombay High Court

Judgment

                                                                              125-IA-3740-2025.doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                         INTERIM APPLICATION NO. 3740 OF 2025
                                                          IN
                                         CRIMINAL APPLICATION NO.356 OF 2016

                                               Mangesh Laxman Kamble
                                                        Versus
                                          Babulal Mulchand Varma And Ors
                      _________________________________________________________________
                      Mr. Rahul S. Arote, Advocate for the Applicant (through VC).
                      Ms. Noorain Patel i/b. Diamond Wala and Co., Advocates for Respondent
                      Nos.1 and 2.
                      Mr. S. M. Mangaonkar, APP for Respondent-State.
                      _________________________________________________________________

                                                         CORAM        :   SHIVKUMAR DIGE, J.
                                                         DATE         :   4th MARCH, 2026.
                      P.C. :

                      1.         By this application, the applicant is seeking restoration of

                      criminal application, which was dismissed for non-prosecution.

                      2.         Considering the submission of learned counsel for the applicant

                      and the reasons mentioned in the application, the application is allowed

                      and disposed of.

                      3.         The criminal application is restored to file and be listed on

                      27th March 2026.



SHUBHADA                                                            (SHIVKUMAR DIGE, J.)
SHANKAR
KADAM
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.03.06                                      Page 1 of 1
11:09:28 +0530

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