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
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31.REVN.189.2024.odt
matter.
3. Hence, the instant Criminal Revision Application is
dismissed for want of prosecution.
( SUSHIL M. GHODESWAR, J. )
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