Bombay High Court

VISHWANATH RAMESHWAR MULKEWARversusVAISHALI VISHWANATH MULKEWAR AND ANOTHER

Disposal: DISMISSED

Holding

The application is dismissed for want of prosecution due to the applicant's repeated non‑appearance.

Summary

The applicant filed a criminal application before the Bombay High Court, Aurangabad Bench, but failed to appear for two consecutive hearing dates. The court had previously warned that continued non-appearance would be deemed a loss of interest in prosecuting the matter. On the current date, the applicant was again absent. Consequently, the court dismissed the application on the ground of want of prosecution, deeming the applicant had lost interest in pursuing the case.

Issues considered

Whether the court may dismiss a criminal application for want of prosecution when the applicant fails to appear for successive hearing dates

Subjects

criminal procedure
want of prosecution
non‑appearance
dismissal
high court

Judgment

2026:BHC-AUG:44959




                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            913 CRIMINAL APPLICATION NO. 4763 OF 2025
                                      IN REVNST/13237/2025

                              VISHWANATH RAMESHWAR MULKEWAR
                                            VERSUS
                         VAISHALI VISHWANATH MULKEWAR AND ANOTHER
                                             WITH
                             CRIMINAL APPLICATION NO. 4764 OF 2025
                                      IN REVNST/13237/2025

                             VISHWANATH RAMESHWAR MULKEWAR
                                           VERSUS
                        VAISHALI VISHWANATH MULKEWAR AND ANOTHER
                                            WITH
                   CRIMINAL REVISION APPLICATION (STAMP) NO. 13237 OF 2025

                              VISHWANATH RAMESHWAR MULKEWAR
                                           VERSUS
                         VAISHALI VISHWANATH MULKEWAR AND ANOTHER

              None for the Applicant.
              Mr.N.Y.Chavan, Advocate for Respondent No.2.

                                   ( CORAM : SUSHIL M. GHODESWAR, J. )

                                     DATE : 30th SEPTEMBER, 2026

              PER COURT :


              1.             Vide order dated 08.09.2026, This Court has already

              observed that if none appears for the Applicant on the next date of

              hearing, this Court shall presume that the Applicant has lost interest in



              khs/Sept.2026/4763
                                    -2-

prosecuting the matter and shall proceed further.



2.             The Applicant is absent since last 2 dates. Today also he is

not present.



3.             In that view of the matter, the instant Application is

dismissed for want of prosecution.




                                        ( SUSHIL M. GHODESWAR, J.)




khs/Sept.2026/4763

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