Bombay High Court

SUMAIRA BEGUM W/O. SYED ZAHIRversusSYED ZAHIR S/O. SYED EKBAL

Disposal: DISMISSED

Holding

The criminal revision application is dismissed for want of prosecution.

Summary

The petitioner, Sumaira Begum, filed a criminal revision application but failed to appear before the court on multiple dates (21 September 2020, 19 October 2020, and 11 August 2016) and did not withdraw the objection raised by the office. The court observed that the petitioner had lost interest in pursuing the matter. Consequently, the court dismissed the revision application on the ground of want of prosecution. No substantive merits of the underlying dispute were examined. The dismissal was based solely on procedural default and the applicant's failure to prosecute the case.

Issues considered

What is the appropriate consequence when a petitioner repeatedly fails to appear and does not remove procedural objections in a criminal revision application?

Subjects

criminal revision
want of prosecution
default judgment
procedural lapse
court dismissal

Judgment

2026:BHC-AUG:38606


                                                 *1*                       954rev84o20


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 84 OF 2020
                           SUMAIRA BEGUM W/O. SYED ZAHIR
                                           VERSUS
                              SYED ZAHIR S/O. SYED EKBAL
                                              ...
                None for the Applicant.
                Shri M.A. Aher, APP for the Respondent/ State.
                                              ...


                                    CORAM : SUSHIL M. GHODESWAR, J.

                                    DATE : 25 August 2026


                P. C. :-

                1.           On 21.09.2020, this Court had recorded the absence

                of the applicant. Again the applicant remained absent on

                19.10.2020 and 11.08.2016. Even the applicant has not removed

                office objection.


                2.           It appears that the applicant has lost interest in the

                matter. Hence, the Criminal Revision Application is dismissed

                for want of prosecution.




        kps                                ( SUSHIL M. GHODESWAR, J. )

Continue reading with your account

Checking your session…