Bombay High Court

NITIN JIYALAL RAJAK AND ORSversusTHE STATE OF MAHARASHTRA

Decided: 18 March 2026
Disposal: Allowed

Holding

The order dismissing the writ petition for non‑prosecution is recalled, the delay is condoned, and the petition is restored to the file.

Summary

The applicants filed Criminal Writ Petition No.2426 of 2023, which was dismissed on 18 July 2023 for non‑prosecution because the advocate appearing for them failed to appear at the hearing. The applicants filed an interim application seeking recall of that dismissal, alleging a bona‑fide mistake by their advocate and requesting condonation of the delay in filing the recall. The State and the second respondent did not object to the recall. The Court, after considering the applicants' submission and the lack of opposition, condoned the delay, recalled the dismissal order, and restored the writ petition to the file.

Issues considered

What is the appropriate remedy when a writ petition is dismissed for non‑prosecution due to an advocate's mistake?
Whether the Court can condone the delay in filing an application for recall of such dismissal.

Subjects

recall of order
non‑prosecution
condonation of delay
writ petition
advocate mistake
criminal appellate jurisdiction

Judgment

Digitally
signed by
LAXMIKANT
LAXMIKANT GOPAL (920) IA-924.26.DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.03.18
21:30:45
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.924 OF 2026
IN
CRIMINAL WRIT PETITION NO.2426 OF 2023

Nitin Jiyalal Rajak & ors. : Applicants
Versus
State of Maharashtra and anr. : Respondents.
______________________________________________________

Ms. Aafreen Shaikh i/by Adv. Shivam Srivastav for the
Applicants.
Mrs. P. P. Bhosale, APP for the Respondent/State.
Mr. Rakesh D Ghatekari i/by Adv. Pipli Datta for the
Respondent No.2.
PSI Shivaji Bhoge, PSI Sunil Parab, Shivaji Park Police Station
present.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 18 MARCH 2026
PC:-

1. By the present Application, the Applicants have sought
for recall of the order dated 18 July 2023 and seeking
condonation of delay in filing the present Application for
recall.

2. By order dated 18 July 2023 the following order was
passed in Criminal Writ Petition No2426 of 2023:-

“1. Despite circulating the Petition by
Advocate for Petitioners, none appears for

1
(920) IA-924.26.DOCX

them when the Petition is called out for
hearing.
2. Petition is dismissed for non-
prosecution.”

3. Ms. Aafreen Shaikh, learned Advocate for the
Applicants, by referring to the Application seeking recall,
submits that it was on account of a bonafide mistake on the
part of the Advocate appearing for the Petitioners that Writ
Petition No.2426 of 2023 came to be dismissed for non-
prosecution. She submits that for a mistake of an Advocate,
the Petitioners should not be denied an opportunity of
canvassing their case on merits.

4. Mrs. P P Bhosale, learned APP for the Respondent/State
and Mr. Rakesh Ghatekari, learned Advocate for the
Respondent No.2 do not object to the request for recall of the
order and restoration of the Writ Petition No.2426 of 2023.

5. In view of the statements made in the Application,
submissions of Ms. Aafreen Shaikh and no objection given by
Mrs. P P Bhosale, learned APP for the Respondent/State and
Mr. Rakesh Ghatekari, learned Advocate for the Respondent
No.2, this Application is allowed. The delay is condoned and
the order dated 18 July 2023 passed in Writ Petition No2426
of 2023 is recalled.

6. The Writ Petition No.2426 of 2023 is restored to file.

(ASHWIN D. BHOBE, J.)

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