Bombay High Court
PRADEEP DSOUZAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The dismissal order dated 10 September 2025 is recalled and the Criminal Writ Petition No. 2255 of 2022 is restored to the file.
Summary
The applicant, Pradeep D’Souza, filed an interim application seeking restoration of his Criminal Writ Petition No. 2255 of 2022, which had been dismissed on 10 September 2025 for non‑appearance. The applicant’s counsel explained that the non‑appearance was a bona‑fide mistake by the advocate and should not prejudice the petition. The State’s assistant public prosecutor, Sukanta Karmakar, raised no objection to the restoration. The Court, noting the lack of objection and the applicant’s explanation, recalled the dismissal order and restored the writ petition to the file. Consequently, the interim application was allowed.
Issues considered
- Whether a criminal writ petition dismissed for non‑appearance can be restored on an interim application?
- Whether the advocate’s bona‑fide mistake in failing to appear warrants condonation of the procedural default?
Subjects
- interim application
- restoration of petition
- non‑appearance
- criminal writ petition
- procedural default
- advocate's mistake
Judgment
Digitally signed
by ARUNA
SANDEEP
ARUNA TALWALKAR
SANDEEP
TALWALKAR Date:
2026.02.06
21:16:19
+0530
917.IA396.2026format.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 396 OF 2026
IN
CRIMINAL WRIT PETITION NO. 2255 OF 2022
Mr. Pradeep D’Souza. … Applicant.
V/s.
The State of Maharashtra. … Respondent.
---
Mr. Viraj Hake a/w. Mr. Rahul Tervankar i/b. Ms. Amrita Nair,
Advocate for Applicant.
Mr. Sukanta Karmakar, APP for Respondent/State.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 6th FEBRUARY, 2026.
P.C. :
1. By the present Application, Applicant is seeking
restoration of the Criminal Writ Petition No. 2255 of 2022 which
was dismissed by this Court on 10th September, 2025 by the
following order :
“1) Despite circulating the Petition, none appears for
the Petitioner, when called out for hearing.
Talwalkar 1
917.IA396.2026format.doc
2) Dismissed for non-prosecution.”
2. Mr. Viraj Hake, learned Advocate for the Applicant
submits that the reason for non-appearance of the Advocate before
this Court on 10th September, 2025 was a bonafide mistake on the
part of the Advocate appearing for the Petitioner. He submits that
the mistake on the part of the Advocate for the Petitioner should
not deny the Petitioner’s right of the Petition being considered on
merits. He therefore by taking responsibility of non-appearance on
10th September, 2025 prays for recall of the order and restoration
of the Criminal Writ Petition.
3. Mr. Sukanta Karmakar, learned APP for the State
submits that the Advocate appearing for the Petitioner having
owned the mistake, he does not object to the restoration of the
present Petition.
4. In view of the no objection given by Mr. Karmakar, APP
for the State, the statement made today by Mr. Viraj Hake,
Advocate for the Applicant as also statement in the Application for
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917.IA396.2026format.doc
restoration, the same is allowed in terms of prayer clause (a).
Consequently, the order dated 10th September, 2025 is recalled.
Criminal Writ Petition No. 2255 of 2022 is restored on file.
5. In view of the above, Interim Application No. 396 of
2026 is allowed.
(ASHWIN D. BHOBE, J.)
Talwalkar 3
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