Bombay High Court

ZAKIR HUSSAIN MAINUDDIN SHAIKHversusNASREEN BANU ZAKIR HUSSAIN SHAIKH NEE NASREEN BANOO VAZIR AHMED SHAIKH AND ANR.

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The revision application is dismissed for non‑prosecution.

Summary

The applicant, Zakir Hussain Mainuddin Shaikh, filed a criminal revision seeking to challenge a maintenance order that had been pending for seven years. The applicant failed to advance the matter or maintain contact with his counsel. The court noted that the applicant had sent a notice to his client regarding the pendency of the application. Given the applicant's inaction and lack of prosecution, the court dismissed the revision application. The dismissal was based on the principle that a party must actively pursue its claim, and failure to do so warrants dismissal for non‑prosecution.

Issues considered

Whether the criminal revision application challenging the maintenance order should be dismissed for non‑prosecution

Subjects

maintenance order
criminal revision
non‑prosecution
dismissal

Judgment

                                                                           10-REVN-514-2019 (CR).doc


    Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL REVISION APPLICATION NO. 514 OF 2019

                      Zakir Hussain Mainuddin Shaikh                            ...Applicant/s
                      Versus
                      Nasreen Banu Zakir Hussain Shaikh Nee Nasreen
                      Banoo Vazir Ahmed Shaikh and anr..                        ...Respondent/s

                      _________________________________________________________________

                      Mr. Shantanu Raktate, Advocate for Applicant.
                      Mr. B. B. Kulkarni, APP for Respondent-State.
                      _________________________________________________________________

                                                           CORAM       :   SHIVKUMAR DIGE, J.
                                                           DATE        :   11th SEPTEMBER, 2026.
                      P.C. :

                      1.         Heard learned counsel for the applicant. He submits that he has

                      sent notice to his client regarding pendency of this application.

                      2.         The challenge in this application is to the maintenance order. It

                      is pending for seven years but the applicant has not proceeded with the

                      matter nor he is in contact with his advocate, hence, dismissed for non-

                      prosecution.

                                                                     (SHIVKUMAR DIGE, J.)

SHUBHADA
SHANKAR
KADAM
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.09.12
15:56:44 +0530




                                                       Page 1 of 1

Continue reading with your account

Checking your session…