-1- 16-APPLN-3619-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3619 OF 2026 IN APPLN/2329/2025 FAKIRCHAND BHANUDAS JADHAV AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ..... Advocate for Applicant : Mr. Shivaji Namdevrao Dudhate APP for Respondent - State : Mr. K. K. Naik ..... CORAM : HITEN S. VENEGAVKAR, J. DATED : 15th SEPTEMBER 2026 PER COURT : 1. Heard the learned Advocate for the applicant and the learned APP for the State. 2. Learned Advocate for the applicants submits that the present application is for restoration of the original proceedings, which came to be dismissed for non-compliance of the order, whereby amendment was to be carried out within stipulated period. He submits that, due to some personal difficulty, the amendment could not be carried out and that the said failure was not deliberate or intentional. He submits that the original proceedings be restored to its original position, subject to payment of some costs. 3. The learned APP for the State vehemently opposes the application submitting that the order passed by this Court was not complied with and therefore the proceedings were ultimately dismissed for non-prosecution. However, he submits that it is discretion of the Court to allow the application. 2026:BHC-AUG:42823 -2- 16-APPLN-3619-2026 4. The averments made in the application, more particularly, the reasons mentioned in paragraph Nos. 4 and 5, which reads as under : - “4. The applicants submit that, applicants have applied for the Certified Copy of the chargesheet before learned J.M.F.C. at Jalna on 12/06/2026. The Certified Copy received to the applicants on 14/07/2026. Therefore, applicants could not carry out amendment within stipulated time. 5. The applicants submit that, after receiving the Certified Copy, the applicants handed over the copy to their Advocate, but till then the time for filing of application of restoration was expired and therefore delay has been caused to file the Restoration Application.” 5. Perusal of paragraph Nos. 4 and 5 shows that the delay in filing the application is not intentional and that the order directing the carrying out of amendment is not being disobeyed intentionally. Taking into consideration the averments made in paragraph Nos. 4 and 5 of the application, I am inclined to allow the application. Hence, the following order : ORDER (i) The application stands allowed. (ii) The orders dated 11.06.2026 and 24.06.2026 passed by this Court stand recalled and the original proceeding bearing Criminal Application No.2329 of 2025 is restored to its original position, subject to payment of costs of Rs.3,500/- to be paid by the learned Advocate to the Government Cancer Hospital, Chhatrapati Sambhajinagar. -3- 16-APPLN-3619-2026 (iii) Amendment to be carried out within a period of two weeks from today. Amended copy of application along with annexures be filed in hard copy in the Registry of this Court and soft copy of entire set be uploaded in the Court proceedings. (HITEN S. VENEGAVKAR) JUDGE Tandale