Bombay High Court

SURESH BARKU MOHITEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

The petition is dismissed for want of prosecution due to the petitioner’s inaction.

Summary

Suresh Barku Mohite filed a criminal writ petition in 2021 before the Bombay High Court, Aurangabad bench, seeking relief against the State of Maharashtra. The petitioner’s counsel requested time to take instructions, but the petitioner never appeared or gave any instructions thereafter. The court observed that the petitioner showed no interest in prosecuting the matter. Consequently, the bench held that the petition could not proceed. The petition was dismissed for want of prosecution.

Issues considered

What is the appropriate consequence when a petitioner fails to appear or give instructions, thereby showing lack of interest in prosecuting a writ petition?

Subjects

writ petition
criminal procedure
want of prosecution
non-appearance
dismissal

Judgment

                                 (1)
                                                18 Cri.WP-1035.2021.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD
     18 CRIMINAL WRIT PETITION NO. 1035 OF 2021

                SURESH BARKU MOHITE
                       VERSUS
        THE STATE OF MAHARASHTRA AND OTHERS
                                 …
      Mr. Nandkumar Kingaonkar, Advocate for the petitioner.
           Mr. A.S. Shinde, A.P.P. for respondents-State.
                           ...
                 CORAM : SANDIPKUMAR C. MORE AND
                         VAISHALI PATIL-JADHAV, JJ.

                 DATED : 7 SEPTEMBER 2026.

Per Court :

1.    Heard.

2.    Though the learned counsel for the petitioner seeks time

to take instructions, but the record shows that after filing of

this petition in the year 2021, the petitioner never appeared for

circulating the matter. It seems that he did not even give any

instruction to his own advocate.         Therefore, considering the

conduct of the petitioner it certainly appears that the

petitioner is not at all interested in prosecuting the matter.

Accordingly,   the   petition   stands    dismissed    for want     of

prosecution.



(VAISHALI PATIL-JADHAV)                (SANDIPKUMAR C. MORE)
       JUDGE                                   JUDGE


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