Bombay High Court
BALKRISHNA GOPAL KSHIRSAGAR AND ORS.versusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The dismissal order for non‑prosecution was recalled and the criminal application was restored to its original file.
Summary
The applicants, Balkrishna Gopal Kshirsagar and others, filed an interim application seeking to recall a dismissal order dated 09‑12‑2025 that had dismissed Criminal Application No. 340 of 2022 for non‑prosecution. They argued that the dismissal resulted from a bona‑fide mistake by the advocate’s office, which caused the advocate’s non‑appearance on the scheduled date. The State of Maharashtra, through its learned A.P.P., concurred that the mistake was on the part of the advocate and did not oppose restoration. Justice Ashwin D. Bhope allowed the interim application, recalled the dismissal order, and restored the criminal application to its original file, also fixing a further hearing date of 5 February 2026. The order thus reinstates the proceedings pending substantive adjudication.
Issues considered
- Whether a dismissal for non‑prosecution can be set aside on account of a bona‑fide mistake by the advocate representing the applicant
- Whether the court has jurisdiction to restore a criminal application to its file after such a dismissal
Subjects
- interim application
- dismissal for non‑prosecution
- restoration of proceedings
- advocate's mistake
- criminal appellate jurisdiction
Judgment
Gitalaxmi 14-IA-4842-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4842 OF 2025
IN
CRIMINAL APPLICATION NO. 340 OF 2022
Balkrishna Gopal Kshirsagar And Ors. ...Applicants
Versus
The State of Maharashtra ...Respondent
__________
Mr. Vedant Babar i/b Mr. Rahul Shivaji Kadam, learned Advocate for the
Applicants.
Mr. Tanveer Khan, learned A.P.P. for the State/Respondent.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 13th JANUARY 2026.
P.C. :
INTERIM APPLICATION NO. 4842 OF 2025
1. By the present Interim Application, the Applicants have
sought for the following substantive relief :-
“[A] That this Hon’ble Court be pleased to allow the
present Interim Application and thereafter the order Dt.
09.12.2025 passed in Criminal Application No. 340 of 2022,
of dismissal for non-prosecution be recalled & the matter may
be restored to its original file for hearing.”
2. Mr. Vedant Babar, learned Advocate appears on behalf of the
Applicants and submits that it was on account of the mistake on the
part of office of Advocate representing the Applicants that resulted
in the matter being missed and consequently, non-appearance of
the Advocate for the Applicants on 09.12.2025. He submits that
the mistake was a bonafide mistake and as such, requests for
Page 1 of 2
Gitalaxmi 14-IA-4842-2025.doc
restoration of the proceedings.
3. Mr. Khan, learned A.P.P. for the State/Respondent fairly
submits that the mistake being of the Advocate, the Application can
be allowed and the matter be restored.
4. In view of the above, Interim Application No. 4842 of 2025 is
allowed. The order dated 09.12.2025 dismissing Criminal
Application No. 340 of 2022 for non-prosecution, is recalled and
Criminal Application No. 340 of 2022 is restored to its original file.
CRIMINAL APPLICATION NO. 340 OF 2022
1. Mr. Vedant Babar, learned Advocate for the Applicants
requests for 3 weeks’ time to argue the matter.
2. At the request of Mr. Vedant Babar, learned Advocate for the
Applicants and by consent of the parties, list the matter on 5th
February 2026.
[ASHWIN D. BHOBE, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.01.14
09:42:21 +0530
Page 2 of 2
Checking your session…