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Bombay High Court

ANAND MARUTI GADE AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

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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