Bombay High Court
YASMIN BAKSISH QURESHI AND ORSversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dismissed
- Bench
- ASHWIN D BHOBE
Holding
The order dated 12 June 2025 dismissing the writ petition is recalled.
Summary
The applicants, led by advocate Yogesh Dalvi, filed an interim application seeking recall of the High Court's order dated 12 June 2025 that dismissed their writ petition for non‑prosecution. Dalvi admitted that his own bona‑fide mistake—his absence from the hearing—caused the dismissal. The State's counsel, Prasanna Malshe, did not oppose the application, acknowledging the advocate's responsibility. The court noted that the complainant, Respondent No.6, had died in January 2026, further supporting the need to revisit the matter. Considering Dalvi's admission and the circumstances, the court recalled the 12 June 2025 order, restored the writ petition on file, and allowed the interim application.
Issues considered
- Whether the order dismissing the writ petition for non‑prosecution can be recalled on account of the advocate's inadvertent absence
- Whether procedural irregularities justify setting aside the earlier dismissal
Subjects
- interim application
- recall of order
- advocate's absence
- non‑prosecution
- procedural error
- criminal appellate jurisdiction
Judgment
914-APl-733-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 733 OF 2026
IN
WRIT PETITION NO. 2749 OF 2025
Yasmin Baksish Qureshi And Ors. … Applicants
V/S.
The State Of Maharashtra And Ors … Respondents
__________________________________________________________
Mr. Yogesh Dalvi, learned Advocate for the Applicants.
Mr. Prasanna Malshe, learned APP for the Respondent – State.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 27th FEBRUARY, 2026.
P.C. :
1. By the present Interim Application, the Applicants are
seeking recall of the Order dated 12th June, 2025 passed by this
Court in Writ Petition No. 2749 of 2025 dismissing the Petition for
non-prosecution.
2. Mr. Yogesh Dalvi, learned Advocate for the Applicants
submit that it was on account of a bona fide mistake on his part
that he remained absent on 12th June, 2025 that resulted in
passing the dismissal Order.
Arjun 1
914-APl-733-2026.doc
3. Mr. Yogesh Dalvi submits that henceforth, he would ensure
that as and when the matter is called out he would remain present
and that he would workout the matter.
4. Mr. Prasanna Malshe, learned APP for the Respondent –
State, submits that the Advocate for the Applicants having owned
the responsibility of his absence on 12th June, 2026 he does not
object to the present Application.
5. Mr. Yogesh Dalvi states that though notice was issued in the
Petition, however during the pendency of this Application, the
Complainant i.e. Respondent No. 6 (Mr. Matloob Abdul Gafoor
Qureshi) has expired. He submits that he has expired somewhere
in the month of January, 2026 as instructed by the Applicants.
Statement is taken on record.
6. In view of the statements made by Mr. Yogesh Dalvi,
accepting the error on his part, and the statements made in the
Application, the Order dated 12th June, 2025 passed in Writ
Petition No. 2749 of 2025 is recalled.
Arjun 2
914-APl-733-2026.doc
7. Writ Petition No. 2749 of 2025 is restored on file. Interim
Application No. 733 of 2026 is allowed and disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.03.09
11:49:20
+0530
Arjun 3
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