Bombay High Court

DEVAJI S/O. GOPAL INGLEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

A revision application may be dismissed for want of prosecution when the applicant fails to appear despite a prior warning.

Summary

The applicant, Devaji, filed a criminal revision challenging the dismissal of his 2013 appeal for want of prosecution. The appeal had contested an earlier acquittal of accused persons on several IPC offences. The High Court had previously warned that failure to appear would result in dismissal. On the scheduled date, the applicant again failed to appear, indicating lack of interest in pursuing the matter. Consequently, the Court dismissed the revision application for want of prosecution.

Issues considered

Whether a revision application can be dismissed for want of prosecution when the applicant fails to appear despite a prior warning
Whether the earlier dismissal of the appellant's criminal appeal for want of prosecution is maintainable

Subjects

criminal procedure
revision
want of prosecution
dismissal
appeal
IPC sections 353, 341, 143, 147, 323, 504, 506

Judgment

2026:BHC-AUG:38600


                                                *1*                      919rev245o19


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 245 OF 2019
                                DEVAJI S/O. GOPAL INGLE
                                          VERSUS
                      THE STATE OF MAHARASHTRA AND OTHERS
                                              ...
                None for the Applicant.
                Shri A.A.A. Khan, APP for the Respondent/ State.
                                              ...


                                   CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 25 August 2026


                P. C. :-

                1.          Vide order dated 18.08.2026, this Court had

                observed that if none appears for the applicant on the next date,

                this Court would be constrained to dismiss the revision

                application for want of prosecution.


                2.          The applicant is challenging the impugned order

                dated 30.05.2018 passed by the learned Additional Sessions

                Judge, Jalna in Criminal Appeal No.57/2013 whereby, the said

                appeal preferred by the applicant came to be dismissed for want

                of prosecution. In the said appeal, the applicant had challenged

                the judgment and order dated 16.08.2011 passed by the learned
                                        *2*                      919rev245o19


      JMFC, Bhokardan in STC No.832/2000 thereby, the accused

      persons were acquitted for the offences punishable under

      Sections 353, 341, 143, 147, 323, 504 and 506 of the Indian

      Penal Code.


      3.            Despite earlier order, today also none appears for the

      applicant. It appears that the applicant is not at all interested in

      prosecuting the instant matter.


      4.            As such, the Criminal Revision Application is

      dismissed for want of prosecution.




kps                             ( SUSHIL M. GHODESWAR, J. )

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