Bombay High Court
KAUSAR YUNUS SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The revision application was dismissed for non-prosecution because the Applicant failed to appear and took no steps to prosecute it.
Summary
The Applicant, Kausar Yunus Shaikh, was the original complainant in a prosecution filed by Nagpada Police Station, Mumbai, against Respondent No.2 under Sections 376 and 328 of the IPC and Section 66(1) of the Information Technology Act, 2000. The Applicant had applied for further investigation under Section 178(3) of the Cr.P.C. The Sessions Court, Mumbai, dismissed that application by order dated 7th May, 2018. The Applicant then filed the present criminal revision application in the Bombay High Court challenging that order. When the matter was listed on 10th March, 2021, none appeared for the Applicant, and the matter was adjourned. Thereafter, neither the Applicant nor her counsel took any steps to circulate the matter or obtain relief. The High Court found that the Applicant did not wish to prosecute the revision application. Consequently, the revision application was dismissed for non-prosecution, without adjudication on merits.
Issues considered
- Whether the criminal revision application challenging the Sessions Court's order dismissing the application for further investigation under Section 178(3) of the Cr.P.C. should be dismissed for non-prosecution when the Applicant failed to appear or pursue the matter.
Legislation cited
- Code of Criminal Procedure — s. 178(3)
- Indian Penal Code, 1860 — s. 328, 376
- Information Technology Act, 2000 — s. 66(1)
Subjects
- Criminal Revision
- Non-prosecution
- Further Investigation
- Section 178(3) Cr.P.C.
- Section 376 IPC
- Section 328 IPC
- Section 66(1) IT Act
- Complainant
- Dismissal for non-prosecution
Judgment
Digitally signed by SMITA
SMITA JOHNSON JOHNSON GONSALVES
GONSALVES Date: 2026.09.17 18:48:13
+0530
sg 34.revn338-18.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Revision Application No.338 of 2018
Kausar Yunus Shaikh … Applicant
versus
The State of Maharashtra and Anr. … Respondents
----
None for the Applicant.
Mr. Tanveer Khan, APP, for Respondent No.1/ State.
None for Respondent No.2.
----
Coram: Ashish S. Chavan, J.
Date: 16th September, 2026.
P.C.:
1. By way of this revision application, the Applicant has assailed
the order dated 7th May, 2018 passed by the Sessions Court, Mumbai.
The Applicant is the original complainant at whose instance a
prosecution was filed by the Nagpada Police Station, Mumbai, under
Section 376, 328 of IPC and Section 66(1) of I.T. Act, 2000 wherein
Respondent No.2 was arraigned as the accused. The Applicant had
preferred an application for further investigation under Section 178(3)
of the Cr.P.C. Being aggrieved by the order dated 7 th May, 2018 passed
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16th September, 2026
sg 34.revn338-18.docx
by the Sessions Court, Mumbai (impugned order) whereby the
application came to be dismissed, she has approached this Court.
2. Although the application is filed in the year 2018, on 10 th
March, 2021, when the application was listed before this Court, none
appeared for the Applicant, and hence, the matter was adjourned.
Even thereafter, neither the Applicant nor her Counsel has taken any
efforts to circulate the matter or to obtain any reliefs as prayed for.
From the conduct of the Applicant it is evident that she does not wish
to prosecute the revision application. Hence, the revision application
stands dismissed for non-prosecution.
(Ashish S. Chavan, J.)
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16th September, 2026
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