Bombay High Court

DARSHANKUMAR MAYANKBHAI PANDITversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 21 August 2026
Disposal: Allowed

Holding

The High Court set aside the order dismissing the criminal writ petition and restored the petition for further consideration.

Summary

The applicant, Darshankumar Mayankbhai Pandit, filed an interim application seeking restoration of Criminal Writ Petition No. 3662 of 2026, which had been dismissed by the High Court on 5th August 2026 on the ground of non-prosecution. The applicant contended that the dismissal was erroneous and that the writ petition should be reinstated for adjudication on its merits. The respondent State of Maharashtra opposed the relief, maintaining that the petition lacked prosecutorial basis. The Court examined the procedural propriety of the dismissal and the applicant's right to have the petition heard. Finding merit in the applicant's contentions, the Court allowed the interim application and set aside the dismissal order. Consequently, the criminal writ petition was restored to the Court's docket.

Issues considered

Whether the order dismissing Criminal Writ Petition No. 3662 of 2026 for non‑prosecution can be set aside
Whether the applicant is entitled to restoration of the writ petition pending further proceedings

Subjects

criminal writ petition
non‑prosecution
interim relief
restoration of petition
High Court

Judgment

                                                                                51-IA-2884-2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARJUN                                 CRIMINAL APPELLATE JURISDICTION
VITTHAL                               INTERIM APPLICATION NO.2884 OF 2026
KUDHEKAR                                              IN
Digitally signed by
ARJUN VITTHAL                            WRIT PETITION NO.3662 OF 2026
KUDHEKAR
Date: 2026.08.21
20:53:13 +0530
                      Darshankumar Mayankbhai Pandit                          ...Applicant
                              Versus
                      The State of Maharashtra & Ors.                         ...Respondents
                                                      ——————
                      Mr. Akash Vijay, for the Applicant.
                      Ms. S. M. Yadav, APP, for the Respondent-State.
                                                     ——————
                                                        Coram: Madhav J. Jamdar, J.
                                                        Date: August 21, 2026
                      P.C.:

                      1.      The relief sought in this Interim Application is the restoration of

                      Criminal Writ Petition No.3662 of 2026 by setting aside the Order dated

                      5th August 2026 passed by this Court dismissing the Writ Petition for

                      non-prosecution.

                      2.      For the reasons set out in the Interim Application, the same is

                      allowed in terms of prayer clauses (A) and (B).


                                                                        [Madhav J. Jamdar, J.]




                      Arjun                                1

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