Case Note & Summary
The applicant, Jollyben, filed a Criminal Misc. Application seeking recall of an order dated 11.07.2025 passed by the High Court in Criminal Revision Application No. 674 of 2021, which had been dismissed for non-prosecution. The revision application challenged the judgment and order dated 16.07.2019 passed by the Additional Sessions Judge, City Civil and Sessions Court, Bhadra, Ahmedabad in Criminal Appeal No. 151 of 2019, which confirmed the order dated 28.01.2019 passed by the Additional Chief Metropolitan Magistrate, Court No. 22, Ahmedabad in Domestic Misc. Application No. 191 of 2018. The Magistrate had rejected the applicant's application under the Protection of Women from Domestic Violence Act, 2005. The applicant argued that she was not represented due to circumstances beyond her control, and the court found that the order deserved to be recalled to prevent miscarriage of justice. The court allowed the application, recalled the order dated 11.07.2025, and restored the Criminal Revision Application to its original number for hearing on merits. The court directed the Registry to list the revision application for hearing on 06.03.2026.
Headnote
A) Criminal Procedure - Recall of Order - Non-Prosecution - Section 482 CrPC - The applicant sought recall of an order dated 11.07.2025 dismissing her Criminal Revision Application for non-prosecution. The court held that since the applicant was not represented due to circumstances beyond her control, the order deserved to be recalled to prevent miscarriage of justice. (Paras 1-6)
B) Domestic Violence - Maintenance - Interim Maintenance - Section 20, Protection of Women from Domestic Violence Act, 2005 - The applicant had filed Domestic Misc. Application No. 191 of 2018 seeking maintenance, which was rejected by the Magistrate and confirmed by the Sessions Court. The court did not decide the merits but recalled the dismissal order to hear the revision on merits. (Paras 3-6)
Issue of Consideration
Whether the order dismissing Criminal Revision Application for non-prosecution should be recalled when the applicant was not represented due to circumstances beyond her control.
Final Decision
The application is allowed. The order dated 11.07.2025 passed in Criminal Revision Application No. 674 of 2021 is recalled. The Criminal Revision Application is restored to its original number for hearing on merits. The Registry is directed to list the revision application for hearing on 06.03.2026.
Law Points
- Recall of order
- non-prosecution
- lack of representation
- Protection of Women from Domestic Violence Act
- 2005
- Section 29
- Section 482 CrPC
Case Details
R/CRIMINAL MISC.APPLICATION (RECALL) NO. 17303 of 2025 in R/CRIMINAL REVISION APPLICATION/674/2021
D K Trivedi, Niraj Sharma, San Associates LLP
Jollyben W/o Anujbhai Vinodbhai Bhatt and D/o Hasmukhbhai Maniyar
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Nature of Litigation
Criminal Misc. Application for recall of order dismissing Criminal Revision Application for non-prosecution.
Remedy Sought
Recall of order dated 11.07.2025 in Criminal Revision Application No. 674 of 2021 and restoration of the revision application.
Filing Reason
The applicant's Criminal Revision Application was dismissed for non-prosecution, and she sought recall due to lack of representation.
Previous Decisions
The Magistrate rejected Domestic Misc. Application No. 191 of 2018 on 28.01.2019, which was confirmed by the Sessions Court in Criminal Appeal No. 151 of 2019 on 16.07.2019. The High Court dismissed the Criminal Revision Application No. 674 of 2021 on 11.07.2025 for non-prosecution.
Issues
Whether the order dismissing the revision application for non-prosecution should be recalled.
Submissions/Arguments
Learned advocate for the applicant submitted that the applicant and respondent No. 1 are husband and wife and that the applicant had filed the revision application, which was dismissed for non-prosecution. He argued that the applicant was not represented due to circumstances beyond her control.
Ratio Decidendi
An order dismissing a revision application for non-prosecution can be recalled if the applicant was not represented due to circumstances beyond her control, to prevent miscarriage of justice.
Judgment Excerpts
The present application has been preferred by the applicant to recall the order dated 11.07.2025 passed by this Court in Criminal Revision Application No.674 of 2021.
The facts giving rise to the present application are that the present applicant had preferred Criminal Revision Application No.674 of 2021 before this Court, challenging the Judgment and Order dated 16.07.2019 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, Bhadra, Ahmedabad in Criminal Appeal No. 151 of 2019, whereby the order dated 28.01.2019 passed below Exh. 3 by the learned Additional Chief Metropolitan Magistrate, Court No. 22, Ahmedabad in Domestic Misc. Application No. 191 of 2018 came to be confirmed.
Procedural History
The applicant filed Domestic Misc. Application No. 191 of 2018 under the Protection of Women from Domestic Violence Act, 2005, which was rejected by the Magistrate on 28.01.2019. The applicant appealed to the Sessions Court in Criminal Appeal No. 151 of 2019, which was dismissed on 16.07.2019. The applicant then filed Criminal Revision Application No. 674 of 2021 in the High Court, which was dismissed for non-prosecution on 11.07.2025. The applicant filed the present Criminal Misc. Application on 20.02.2026 to recall that order.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 29
- Code of Criminal Procedure, 1973: 482
