Bombay High Court

SUMEET KUMAR NAYAKversusSTATE OF MAHARASHTRA AND ANR

Decided: 9 September 2026
Disposal: Disposed Off

Holding

The application is dismissed for non‑prosecution because the applicant failed to appear.

Summary

The applicant, Sumeet Kumar Nayak, filed a criminal application before the Bombay High Court. No counsel or the applicant appeared when the matter was called in the morning session. The court again listed the matter for the afternoon session, but again there was no appearance. The court noted that the application had not been circulated to the parties. In view of the applicant’s failure to appear, the court dismissed the application for non‑prosecution. The order was pronounced by Justice Sandesh D. Patil on 9 September 2026.

Issues considered

Whether the court should proceed with the criminal application despite the applicant’s non‑appearance
Whether dismissal for non‑prosecution is appropriate under criminal procedure law

Subjects

non-prosecution
criminal procedure
application dismissal
court procedure

Judgment

                                                                      19-APL-164-2026.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL APPLICATION NO. 164 OF 2026

       Sumeet Kumar Nayak                                          .....Applicant
                        Versus
       The State of Maharashtra & Anr.                             .....Respondents
                                               .....
       None for the Applicant.

       Mr. K.V.Saste, A.P.P, for the Respondent-State.
                                          ..…

                                           CORAM : SANDESH D. PATIL, J.
                                           DATE        : 9th SEPTEMBER 2026


       P.C.:-

       1.         The matter was called in the morning session, nobody

       appeared for the applicant. The matter was kept back and was once

       again called in the afternoon session, yet nobody appeared for the

       applicant. It appears that the matter was never circulated till date.


       2.         In these circumstances, the application is dismissed for non-

       prosecution.


                                                         (SANDESH D. PATIL, J.)




       Wakodikar                                                                    1/1
            Digitally signed
RUPALI      by RUPALI
            RAJESH
RAJESH      WAKODIKAR
WAKODIKAR   Date: 2026.09.09
            18:15:55 +0530

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