Bombay High Court

THE UNION OF INDIAversusJIGNESH PRAKASH SHAH AND ANR

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The application is dismissed for non‑prosecution and default due to the applicant's failure to appear.

Summary

The Union of India filed a criminal application against Jignesh Prakash Shah and another. The applicant failed to appear before the Court on multiple listed dates, including the Board hearing on 12 August 2026 and the hearing on 19 August 2026. No representation was made for the applicant on any occasion. The Court held that the continued non‑appearance amounted to a default in prosecution. Consequently, the application was dismissed for non‑prosecution and default.

Issues considered

Whether a criminal application can be dismissed for the applicant's failure to appear before the Court?

Subjects

criminal procedure
default
non-appearance
dismissal

Judgment

29-apl-1161-16.doc

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally CRIMINAL APPELLATE JURISDICTION
signed by
URMILA
URMILA PRAMOD
PRAMOD INGALE
INGALE Date:
2026.08.20
11:22:16
CRIMINAL APPLICATION NO. 1161 OF 2016
+0530

The Union of India .. Applicant
Versus
Jignesh Prakash Shah and anr. .. Respondents

....................
 None for Applicant.
 Mr. Amit Palkar, APP for Respondent-State.
...................

CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 19, 2026
P.C.:

1. This Criminal Application was listed on Board on 12 th August

2026 when none appeared for the Applicant. Similarly, such being the

position, even on the earlier occasions when the matter was on Board,

none had appeared for the Applicant.

2. None appears even today for the Applicant. The Criminal

Application therefore, stands dismissed for non-prosecution and

default.

Urmila Ingale [ MILIND N. JADHAV, J. ]

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