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Bombay High Court

KAMLESH JETHAMAL SHAHversusCENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION BRANCH AND ANR

Decided
Disposal
Disposed Off

Holding

The Court dismissed the application for non‑appearance of the applicant.

Summary

Kamlesh Jethamal Shah filed a criminal application against the Central Bureau of Investigation (Anti‑Corruption Branch) and others. No counsel appeared for the applicant, while Mr. Munde, counsel for the CBI, was present. The Court directed Mr. Munde to inform the CBI and to have appropriate counsel appear. The matter was adjourned to 19 August 2026 for further directions. As the applicant continued to be absent, the Court dismissed the application for non‑prosecution and default.

Issues considered

  • Can the application be dismissed for the applicant's non‑appearance?

Subjects

  • criminal procedure
  • default judgment
  • anti‑corruption
  • application dismissal
  • non‑appearance

Judgment

                                                                                              19-apl-168-20.doc

       Urmila Ingale

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CRIMINAL APPELLATE JURISDICTION
           Digitally signed
           by URMILA
 URMILA    PRAMOD
           INGALE
 PRAMOD
 INGALE
           Date:
           2026.08.20
           11:22:50
                                            CRIMINAL APPLICATION NO. 168 OF 2020
           +0530




                              Kamlesh Jethamal Shah                           .. Applicant
                                         Versus
                              Central Bureau of Investigation Anti Corruption
                              Branch and anr.                                 .. Respondents

                                                              ....................
                               None for Applicant.
                               Ms. R.V.Newton, APP for Respondent-State.
                                                              ...................

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

                              1.         On 12th August 2026, the following order was passed.

                                         “1. None appears for Applicant. Heard Mr. Munde, learned
                                         Advocate for Respondent No.1-CBI.
                                         2. Mr. Munde, learned Advocate who is empanelled as Counsel
                                         for Respondent No. 1- CBI is directed to apprise the CBI about the
                                         present Application. This Application is filed qua the Anti
                                         Corruption branch of CBI. Since the Advocate for Applicant is not
                                         present, Mr. Munde is requested by this Court to bring this to the
                                         notice of CBI. CBI is directed to appoint appropriate Counsel to
                                         appear in the present Application.
                                         3. Stand over to 19 th August, 2026 under the caption "For
                                         Direction".”


                              2.      Since none has appeared even today after the matter has been

                              called out, the Application stands dismissed for non- prosecution and

                              default.



Urmila Ingale                                                                 [ MILIND N. JADHAV, J. ]


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