Bombay High Court

RAKESH JALINDAR SABLEversusSTATE OF MAHARASHTRA AND ANR

Disposal: Disposed Off

Holding

The Court allowed the interim application, setting aside the dismissal order and directing fresh notice to the respondents.

Summary

The petitioner, Rakesh Jalindar Sable, filed an interim application seeking recall and setting aside of the order dated 9 July 2026 that dismissed his writ petition for non‑prosecution. He contended that the application was filed within the prescribed limitation period. The Court examined the nature of the dismissal order and found the prayer in the interim application to be innocuous, thereby waiving the need for notice to one of the respondents. The Court allowed the interim application, directing that fresh notice be issued to the respondents and permitting service by any mode, including private service. Consequently, the dismissal order was set aside pending further proceedings.

Issues considered

Whether the order dismissing the writ petition for non‑prosecution can be recalled within the limitation period
Whether notice to the respondents is required for the interim application

Subjects

writ petition
non‑prosecution
recall of order
limitation period
service of notice
interim application

Judgment

14-WP-197-2026 (CR).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 197 OF 2026

Rakesh Jalindar Sable .....Petitioner
Vs
State of Maharashtra & Anr. .....Respondents

WITH
CRI-INTERIM APPLICATION NO. 526 OF 2026
IN
CR. WRIT PETITION NO. 197 OF 2026

Rakesh Jalindar Sable ..........Applicant
Vs
State of Maharashtra & Anr .........Respondents

...
Mr. Pratik Patil, Advocate for Applicant.
Mr. Anand Shalgaonkar, APP for Respondent-State.
...

CORAM : ABHAY J. MANTRI, J.
DATE : AUGUST 27, 2026
PER COURT :

INTERIM APPLICATION NO. 526 OF 2026

1. The Applicant/Original Petitioner has moved this Application seeking

recall and setting aside of the order dated 9 th July 2026, whereby the Petition

came to be dismissed for non-prosecution. He submits that the Application

has been filed within the limitation period.

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14-WP-197-2026 (CR).odt

2. Considering the facts and the nature of the order, in my view, the

prayer in the Application is innocuous; as such, in my view, no need to issue

notice to Respondent No. 2.

3. Learned APP waives notice for Respondent No. 1-State.

4. Having considered the grounds raised in the Application and the facts

of the case, the Application is allowed in terms of prayer clauses (a) and (b).

WRIT PETITION NO. 197 OF 2026:

5. Issue fresh notice to Respondents, returnable on 10th September 2026.

6. Learned APP waives notice for Respondent No. 1-State.

7. In addition to the above, the Petitioner is permitted to serve the

Respondents by all modes permissible in law, including private mode of

service in accordance with law.

(ABHAY J. MANTRI, J.)

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