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Bombay High Court

NIYAZ MOHMMAD QUADRI S/O. TAJ MOHMMAD QUADRIversusFOUZIYA TARANNUM W/O. NIYAZ MOHMMAD QUADRI AND ANR

Disposal
DISMISSED

Holding

The criminal revision application was dismissed for want of prosecution due to the petitioner's non-appearance.

Summary

The petitioner, Niyaz Mohammad Quadri, filed a criminal revision application (No. 31 of 2019) seeking to quash a judgment and decree dated 02.01.2018. The High Court had previously ordered that the application would be dismissed for non-appearance of the petitioner's counsel. On the scheduled date, no counsel appeared again, leading the Court to conclude that the petitioner had lost interest in prosecuting the revision. Consequently, the Court dismissed the revision application for want of prosecution. With the revision dismissed, the related criminal application (No. 1240 of 2018) and the stay application were also deemed disposed.

Issues considered

  • What is the appropriate consequence when the petitioner fails to appear or prosecute a criminal revision application?

Subjects

  • criminal revision
  • non-appearance
  • want of prosecution
  • dismissal

Judgment

2026:BHC-AUG:38420




                                                    -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                       920 CRIMINAL REVISION APPLICATION NO. 31 OF 2019

                      NIYAZ MOHMMAD QUADRI S/O. TAJ MOHMMAD QUADRI
                                           VERSUS
                     FOUZIYA TARANNUM W/O. NIYAZ MOHMMAD QUADRI AND
                                          ANOTHER
                                            WITH
                            CRIMINAL APPLICATION NO. 1240 OF 2018
                                      IN REVN/31/2019

                      NIYAZ MOHMMAD QUADRI S/O. TAJ MOHMMAD QUADRI
                                         VERSUS
                     FOUZIYA TARANNUM W/O. NIYAZ MOHMMAD QUADRI AND
                                        ANOTHER

                                      ( CORAM : SUSHIL M. GHODESWAR, J. )

                                         DATE : 21st AUGUST, 2026

              PER COURT :


              1.                This Court, vide order dated 14.08.2026, has observed that

              these applications will be dismissed for non appearance of the learned

              Advocate for the Applicant, on the next date.



              2.                Today also, none appears for the Applicant.    As such, it

              revealed that the Applicant has lost interest in prosecuting the Criminal

              Revision Application, hence stands dismissed for want of prosecution.



              khs/Aug.2026/31
                                     -2-




3.                As the Criminal Revision Application for quashing and

setting aside the impugned judgment and decree dated 02.01.2018 is

dismissed today for non prosecution, nothing survives in the Criminal

Application No.1240/2018. Hence, the Application for stay also stands

disposed of.



                                           ( SUSHIL M. GHODESWAR, J.)




khs/Aug.2026/31


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