Bombay High Court

ABCversusstate of mharashtra

Decided: 12 February 2026
Disposal: Allowed
Bench: MADHAV JAMDAR

Holding

The Court held that the interim application is maintainable and the order dismissing Criminal Application No.415 of 2025 for non‑prosecution is recalled.

Summary

The petitioner filed an interim application seeking recall of the Court's order dated 11 December 2025 which had dismissed Criminal Application No.415 of 2025 for non‑prosecution. The Court examined whether the interim application was maintainable and whether the earlier dismissal could be set aside. Relying on procedural principles that allow a higher court to revisit its own orders in appropriate circumstances, the Court found merit in the petitioner's request. Consequently, the Court allowed the interim application, recalled the 11 December 2025 order, and restored Criminal Application No.415 of 2025 to its file. The interim application was thereafter disposed of.

Issues considered

Whether the interim application seeking recall of the order dismissing Criminal Application No.415 of 2025 for non‑prosecution is maintainable
Whether the Court has the power to recall its own order dated 11 December 2025

Subjects

interim application
recall of order
non‑prosecution
criminal appellate jurisdiction
procedural law

Judgment

                                                                                918-IA-499-2026.doc


                                                                                     Arjun
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO.499 OF 2026
         Digitally
                                                      IN
         signed by
         ARJUN                        CRIMINAL APPLICATION NO.415 OF 2025
ARJUN    VITTHAL
VITTHAL  KUDHEKAR
KUDHEKAR Date:        ABC                                                     …Applicant
         2026.02.12
         21:15:42
         +0530        IN THE MATTER BETWEEN
                      ABC                                                     …Applicant
                            Versus
                      The State of Maharashtra & Anr.                  …Respondents
                      _______________________________________________________________
                      Mr. Aarif Ali Musharraf Ali (Through Video Conferencing), for the
                      Applicant.
                      Ms. S. M. Yadav, APP, for the Respondent-State.
                      _______________________________________________________________
                                                      CORAM: MADHAV J. JAMDAR, J.
                                                      DATED: 12 FEBRUARY 2026

                      P.C.:
                      1.      The Interim Application is taken out seeking recall of the Order

                      dated 11th December 2025 passed by this Court, by which Criminal

                      Application No.415 of 2025 was dismissed for non-prosecution.

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

                      allowed in terms of prayer clause (a).

                      3.      Resultantly, Order dated 11th December 2025 passed by this

                      Court dismissing Criminal Application No.415 of 2025 for non-

                      prosecution, is recalled.

                      4.      Accordingly, Criminal Application No.415 of 2025 is restored to

                      the file of this Court.




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                                                           918-IA-499-2026.doc


5.   The Interim Application is disposed of accordingly.



                                          [MADHAV J. JAMDAR, J.]




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