Bombay High Court
ANAND MARUTI GADE AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The court condoned the delay, recalled the dismissal order, and restored the criminal writ petition to its original file.
Summary
The petitioners filed an interim application seeking condonation of delay and recall of a dismissal order dated 16‑06‑2025, which had dismissed their criminal writ petition for non‑prosecution because no counsel appeared. The petitioners' advocate admitted the lapse was due to his inadvertent mistake. The respondents, including the State, did not oppose condoning the delay and restoring the petition. The court, noting the advocate's admission and the respondents' lack of objection, condoned the delay, recalled the dismissal order, and restored the original writ petition to the file. Consequently, the interim application was allowed.
Issues considered
- Whether the delay in filing the interim application for condonation of delay can be condoned and the dismissal order recalled?
Subjects
- condonation of delay
- interim application
- dismissal for non‑prosecution
- restoration of petition
- criminal writ petition
- procedural law
Judgment
Gitalaxmi 907-IA-731-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 731 OF 2026
IN
WRIT PETITION NO. 2912 OF 2025
Anand Maruti Gade & Anr. ...Applicants/
Petitioners
Versus
The State of Maharashtra & Anr. ...Respondents
__________
Mr. Sahil Tejwani a/w Mr. Aditya Navpute & Mr. Gaurav Tejwani i/b AKT
Legal Law Firm, learned Advocates for the Applicants/Petitioners.
Mr. Yogesh M. Nakhwa, learned A.P.P. for the State/Respondent.
Mr. Dnyaneshwar Avhad, learned Advocate for Respondent No. 2.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 24th MARCH 2026.
P.C. :
1. Heard Mr. Sahil Tejwani, learned Advocate for the
Applicants/Petitioners, Mr. Yogesh Nakhwa, learned A.P.P. for the
State/Respondent and Mr. Dnyaneshwar Avhad, learned Advocate
for Respondent No. 2.
2. By the present Interim Application, the Applicants are
seeking condonation of delay in filing the present Application and
recall of the order dated 16.06.2025 by which Criminal Writ
Petition No. 2912 of 2025 was dismissed for non-prosecution.
3. Order dated 16.06.2025 reads as follows :-
“1. None for Petitioners.
2. Dismissed for non-prosecution.”
Page 1 of 2
Gitalaxmi 907-IA-731-2026.doc
4. Mr. Sahil Tejwani, learned Advocate for the Applicants states
that on account of inadvertent mistake on his part that none
appeared on the date the Petition was listed before this Court,
which resulted in dismissal of Criminal Writ Petition No. 2912 of
2025. He submits that on account of the lapses on the part of
office of the Advocate, the Petitioners should not be denied of an
opportunity of hearing of the Petition. He therefore requests that
the proceedings be restored and the same be heard on merits.
5. Mr. Yogesh Nakhwa, learned A.P.P. for the State/Respondent
and Mr. Dnyaneshwar Avhad, learned Advocate for Respondent No.
2 submit that the Advocate for Petitioners has owned the
responsibility of his absence on 16.06.2025, as such they state that
this Application can be allowed by condoning the delay and by
restoring Criminal Writ Petition No. 2912 of 2025.
6. For the reasons stated in the Interim Application, the
statement made by Mr. Sahil Tejwani, learned Advocate for the
Applicants before this Court today that the lapse was on his part
and the No Objection by Mr. Yogesh Nakhwa, learned A.P.P. and Mr.
Dnyaneshwar Avhad, learned Advocate for Respondent No. 2, the
delay in filing this Interim Application is condoned, the dismissal
order dated 16.06.2025 is recalled and Criminal Writ Petition No.
2912 of 2025 is restored to its original file.
7. Interim Application No. 731 of 2026 is allowed.
[ASHWIN D. BHOBE, J.]
Digitally signed
by GITALAXMI Page 2 of 2
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.03.30
20:14:00 +0530
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