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Bombay High Court

KIRITKUMAR KANTILAL KANTHARIAversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The application is dismissed for non‑prosecution due to the petitioner's failure to appear and lack of interest.

Summary

The petitioner, Kiritkumar Kantilal Kantharia, filed a criminal application before the High Court of Bombay. When the matter was called for hearing, the petitioner failed to appear and indicated a lack of interest in pursuing the application. The respondent State of Maharashtra was represented by Mr. V. A. Kulkarni. The Court noted the petitioner's non‑appearance and disinterest. Consequently, the application was dismissed for non‑prosecution. No substantive merits of the application were considered.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear and shows no interest in pursuing a criminal application?

Subjects

  • criminal procedure
  • non‑appearance
  • dismissal for non‑prosecution
  • high court

Judgment

SRK                                                                42-APL-1645-2025.doc

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUMIT  Digitally signed
       by SUMIT
                        CRIMINAL APPELLATE JURISDICTION
RAMESH RAMESH     KARNIK
       Date: 2026.02.23
KARNIK 11:40:19 +0530

                           CRIMINAL APPLICATION NO. 1645 OF 2025

Kiritkumar Kantilal Kantharia                                        … Petitioner
        Vs.
The State of Maharashtra and Another                                  ... Respondents

                              _______________________________

None for the Petitioner.
Mr. V. A. Kulkarni, APP for the Respondent-State.
                     _______________________________


                             CORAM        : RANJITSINHA RAJA BHONSALE , J.
                             DATED        : 17th FEBRUARY 2026.

P. C. :-

1.                When the matter was called out in the afternoon session, none

appears for the Petitioner.

2.                     It appears that, the Petitioner is not interested in pursuing the

Application.

3.                     Dismissed for non-prosecution.



                                          (RANJITSINHA RAJA BHONSALE, J.)




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