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Bombay High Court

M/S. A.R.S.AGRI, SCIENCE PVT LTDversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The application is dismissed for non‑prosecution due to the applicant's and counsel's failure to appear.

Summary

M/S A.R.S. Agri Science Pvt. Ltd. filed a criminal application seeking a review of the final order dated 21 April 2015 in Criminal Writ Petition No.2470/2014, requesting that the order be called for rehearing. The application was listed under "Prioritised Cases" but the applicant, a person named Rakesh Patil, and the applicant's counsel failed to appear on two occasions. The respondent, the State of Maharashtra, through counsel Mr. Prasanna Malshe, argued that the applicant showed no interest in pursuing the matter and that the application had been pending since 2015. The Court noted the absence of the applicant and counsel and dismissed the application for non‑prosecution. Consequently, the request for a review and rehearing was denied.

Issues considered

  • What is the appropriate procedural response when an applicant fails to appear for a listed hearing in a review application?
  • Can a review application pending since 2015 be entertained despite the applicant's non‑appearance?

Subjects

  • review petition
  • criminal writ
  • non‑prosecution
  • procedural default
  • court dismissal

Judgment

                                                                                        28-WP-2470-2014.doc


           Digitally signed
GAYATRI
           by GAYATRI
         RAJENDRA
RAJENDRA SHIMPI
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIMPI   Date:
         2026.01.30
           20:10:25 +0530
                                                 CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL APPLICATION NO. 372 OF 2015
                                                                IN
                                                  WRIT PETITION NO. 2470 OF 2014

                              M/S. A. R. S. Agri Science Pvt. Ltd.               … Applicant
                                   V/s.
                              The State of Maharashtra & Anr.                    … Respondents
                                                              -------

                              None for the Applicant.
                              Mr. Prasanna Malshe, APP for Respondent – State.
                                                             ---

                                                                CORAM :    ASHWIN D. BHOBE, J.
                                                                 DATE :    28th JANUARY, 2026.

                              P.C. :
                              1.               This Application is listed today under the caption

                              “Prioritised Cases”.



                              2.               This Application was called out at 11. 35 a.m. Neither

                              the Applicant nor the Advocate for Applicant are present, as such

                              the matter was kept back post lunch.



                              3.               Application was again called out at 3.36 p.m. Name of

                              the Applicant as well as the name of Rakesh Patil were called out.

                              None appears when the matter was called.


                              Gayatri shimpi                     1
                                                                   28-WP-2470-2014.doc



4.               By the present Application, the Applicant has sought

for the following substantive relief in prayer clause 14(a):-

                  “(a) That this Hon'ble Court be pleased to issue
                  review/call the final order dated 21/4/2015 passed in
                  Criminal Writ Petition No.2470/2014 by this Hon'ble
                  Court (Coram: Hon'ble Ranjit More J) and Smt. Anuja
                  Prabhu Desai JJ and list the writ petition for rehearing
                  for admission.”



5.               This Application is filed in Criminal Writ Petition No.

2470 of 2014 which was dismissed on 21st April, 2015 at Exhibit

‘A’, (page No. 11 to page No. 16) of this Application.



6.               Mr. Prasanna Malshe, learned APP submits that this

Application is pending since the year 2015. He submits the

Applicant apparently is not interested in pursuing this Application.

He therefore seeks dismissal of this Application.



7.               In view of the absence of the Applicant / Rakesh Patil,

and / or the Advocate for the Applicant, this Application is

dismissed for non-prosecution.



                                               (ASHWIN D. BHOBE, J.)




Gayatri shimpi                        2


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