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Bombay High Court

RAJESH LAXMICHAND SHAH @ DEDHIAversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

A revision application dismissed for non‑prosecution may be restored if the applicant demonstrates sufficient cause.

Summary

Rajesh Laxmichand Shah filed an interim application seeking restoration of his criminal revision application that had been dismissed for non‑prosecution. The applicant argued that the dismissal was erroneous and submitted reasons supporting restoration. The court, after considering the counsel’s submissions, found merit in the applicant’s contentions. Consequently, the court allowed the interim application and ordered the revision application to be restored to the file. The matter was disposed of on the basis of the restoration order.

Issues considered

  • Whether a criminal revision application dismissed for non‑prosecution can be restored on an interim application.

Subjects

  • criminal revision
  • restoration
  • non‑prosecution
  • interim application
  • Bombay High Court

Judgment

                                                                             90-IA-5300-2024 (CR).doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 5300 OF 2024
                                                    IN
                               CRIMINAL REVISION APPLICATION NO.505 OF 2018

                                         Rajesh Laxmichand Shah @ Dedhia
                                                       versus
                                         The State of Maharashtra And Anr
                      _________________________________________________________________

                      Mr. Priyank Daga, Advocate for Applicant.
                      Mr. S. M. Mangaonkar, APP for Respondent No.1-State.
                      Mr. Subham More along with Mr. Akshay Naik i/b. Mr. Sagar Shetty,
                      Advocate for Respondent No.2.
                      PSI-Satish Chavan, Matunga Police Station.
                      _________________________________________________________________

                                                           CORAM        :   SHIVKUMAR DIGE, J.
                                                           DATE         :   9th MARCH, 2026.
                      P.C. :

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

                      revision 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 revision application is restored to file.



         Digitally
         signed by
         SHUBHADA
                                                                     (SHIVKUMAR DIGE, J.)
SHUBHADA SHANKAR
SHANKAR  KADAM
KADAM    Date:
         2026.03.11
         11:07:59
         +0530


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