Bombay High Court

VIVEK S/O. SURESH SHUKLAversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISMISSED
Bench: RAJNISH R VYAS

Holding

The criminal application is dismissed in default.

Summary

The applicant's counsel issued a notice informing the applicant of the withdrawal of the vakalatnama and the collection of case papers. Despite receiving the notice, the applicant failed to appear before the court. The respondent's counsel highlighted this non‑appearance. The court considered whether the failure to approach after notice warranted dismissal. It held that the applicant's default justified dismissal of the criminal application. Consequently, the application was dismissed in default.

Issues considered

Whether the criminal application should be dismissed for default due to the applicant's failure to appear after notice of vakalatnama withdrawal

Subjects

criminal procedure
vakalatnama
default dismissal
notice
application dismissed

Judgment

2026:BHC-AUG:15514-DB
                                                                          909-APPLN-3380-19.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 3380 OF 2019

          Vivek Suresh Shukla                                    ..APPLICANT
                VERSUS
          State of Maharashtra and Another                       ..RESPONDENTS

                                               ....
          Ms. A.N. Pedgaonkar, Advocate for applicant
          Mr. S.N. Moramaplle, A.P.P. for respondent no.1 - State
                                               ....

                                                      CORAM : RAJNISH R. VYAS, J.
                                                      DATE : 10th APRIL, 2026

          PER COURT :

          .         Learned counsel for the applicant has submitted that inspite of

          issuing notice to her client/applicant informing him about withdrawal of

          vakalatnama and collection of case papers, the client has not approached,

          though he has received the notice. She thus prayed that appropriate order be

          passed.



          2.        In view of above, criminal application is dismissed in default.




                                                            ( RAJNISH R. VYAS, J. )
          SSD




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