Bombay High Court

BHATA SHANKAR PATELversusDINESHKUMAR SHANKARLAL AGRAWAL AND OTHERS

Disposal: DISMISSED

Holding

The application is dismissed for want of prosecution.

Summary

The petitioner, Bhata Shankar Patel, filed a criminal application (No. 98 of 2017) before the Bombay High Court, Aurangabad Bench. No counsel or party appeared on the scheduled hearing date of 12 August 2026, prompting the court to warn that further non‑appearance would lead to dismissal for want of prosecution. The same situation recurred on 19 August 2026, with the applicant again absent despite the prior warning. Relying on procedural rules that require active prosecution of a matter, the court dismissed the application for want of prosecution. The dismissal was entered without any substantive consideration of the merits, as the applicant failed to appear or prosecute the case. The order reflects the court’s duty to prevent undue delay and ensure efficient administration of justice.

Issues considered

Whether the application should be dismissed for want of prosecution due to the applicant’s failure to appear before the court.

Subjects

want of prosecution
criminal application
procedural dismissal
high court
non‑appearance

Judgment

2026:BHC-AUG:37573


                                                                                  98.17appln
                                                      (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           910 CRIMINAL APPLICATION NO. 98 OF 2017
                                      IN REVNST/6/2017

                                  BHATA SHANKAR PATEL
                                         VERSUS
                       DINESHKUMAR SHANKARLAL AGRAWAL AND OTHERS
                                                     …..
                 Mr M. G. Kochar, Advocate for Respondent Nos.1 to 4
                                                …..

                                              CORAM : SUSHIL M. GHODESWAR, J.

                                                DATE : 19th AUGUST, 2026

                 P. C. :


                 1.             None is present for the applicant.


                 2.             On 12/08/2026, this Court observed that, if no one

                 appeared for the applicant on the next date of hearing, this Court

                 would be constrained to dismiss this matter for want of prosecution.

                 Despite this order, no one is present for the applicant today.


                 3.             Hence, this application is dismissed for want of

                 prosecution.



                                                        [SUSHIL M. GHODESWAR, J.]
                 sjk

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