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Bombay High Court

SHIVAJI BALAJI ZADE AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal
DISMISSED

Holding

The criminal revision application is dismissed for want of prosecution.

Summary

The applicants, Shivaji Balaji Zade and others, filed a criminal revision challenging an order dated 26 October 2023 passed by the Additional Sessions Judge, Mukhed, in Sessions Case No. 92 of 2022. The High Court had previously warned that if no one appeared on behalf of the applicants on the next date, the matter would be dismissed for want of prosecution. On the scheduled date, no representative of the applicants appeared, and the court observed that the applicants had failed to appear on four to five prior occasions, indicating a loss of interest in the matter. Consequently, the court dismissed the revision application for want of prosecution. No substantive merits of the original order were examined.

Issues considered

  • What is the appropriate procedural consequence when parties fail to appear for a criminal revision application despite multiple notices?

Subjects

  • criminal revision
  • want of prosecution
  • procedural default
  • court dismissal

Judgment

2026:BHC-AUG:41376
                                                                        31.REVN.189.2024.odt



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                        CRIMINAL REVISION APPLICATION NO. 189 OF 2024

          Shivaji Balaji Zade and Others                             ...Applicants

                   Versus

          The State of Maharashtra                                   ...Respondent

                                                  ***
           None for the Applicants.
           Mr. A.A.A. Khan, APP for Respondent – State.
                                           ***

                                                CORAM : SUSHIL M. GHODESWAR, J.
                                                DATE : SEPTEMBER 07, 2026
          PER COURT :

          1.                 Vide order dated 24th August 2026, this Court has observed

          that if none appeared on behalf of the Applicants on the next date, this

          Court shall be constrained to dismiss the matter for want of

          prosecution.


          2.                   Today, when the matter is called out, none appears for

          the Applicants. The Applicants are challenging the order dated 26 th

          October 2023, passed by the learned Additional Sessions Judge,

          Mukhed, below Exhibit 40 in Sessions Case No.92 of 2022. It seems

          that, since nobody has been appearing for the Applicants for the last 4

          to 5 occasions, the Applicants appear to have lost interest in the


          Shrikant Malani                                                       Page 1 of 2
                                                        31.REVN.189.2024.odt



matter.


3.                Hence, the instant Criminal Revision Application is

dismissed for want of prosecution.




                                         ( SUSHIL M. GHODESWAR, J. )




Shrikant Malani                                                 Page 2 of 2


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