Bombay High Court

DEVAIBAI W/O BALIRAM KUKADEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

The revision application is dismissed for want of prosecution due to the applicant's non‑appearance.

Summary

Devaibai w/o Baliram Kukade filed a criminal revision application (No. 217 of 2018) challenging a prior order. Notices were issued on 26 July 2019 and 6 September 2019, but the applicant never appeared before the court. The learned counsel for the respondents sought time, and the court, noting the applicant's absence, scheduled another hearing on 27 August 2026 to give a final opportunity. The applicant again failed to appear, despite a conditional order to appear. Consequently, the court dismissed the revision application for want of prosecution, warning that any further non‑appearance would result in dismissal.

Issues considered

Whether a criminal revision application may be dismissed for want of prosecution when the applicant fails to appear despite repeated notices?

Subjects

Criminal Procedure Code
Revision
Non-appearance
Dismissal
Want of prosecution

Judgment

2026:BHC-AUG:38743




                                                  -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                      923 CRIMINAL REVISION APPLICATION NO. 217 OF 2018

                                  DEVAIBAI W/O BALIRAM KUKADE
                                             VERSUS
                             THE STATE OF MAHARASHTRA AND OTHERS

              None for the Applicant.
              Mr.S.S.Birajdar h/f Mr.S.K.Chavan, Advocate for the Respondents.

                                   ( CORAM : SUSHIL M. GHODESWAR, J. )

                                      DATE : 27th AUGUST, 2026

              PER COURT :


              1.             None for the Applicant.



              2.             The learned Advocate Mr.Birajdar for the Respondents is

              seeking time.      This Court, vide order dated 12.08.2026 has observed

              that none has appeared for the Applicant.     The notice were issued on

              26.07.2019 and 06.09.2019.       The learned Advocate for the Applicant

              submits that after 04.10.2019, this matter was never circulated nor

              listed before any Court. Therefore, this Court in order to grant one

              more opportunity, kept this matter today and and further observed that

              if nobody appears on the next date, this matter will be dismissed.



              khs/Aug.2026/217
                                   -2-




3.             Despite conditional order passed on last occasion, nobody

appears for the Applicant today also.      Hence, the Criminal Revision

Application stands dismissed for want of prosecution.



                                         ( SUSHIL M. GHODESWAR, J.)




khs/Aug.2026/217

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