Bombay High Court

MANPASAND TEXTILE PROCESSORS PRIVATE LIMITED AND ANversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

Manpasand Textile Processors Private Limited and Rajgopal Bhimkaran Chhaparwal filed Criminal Writ Petition No.1054 of 2024 in the Bombay High Court. The Court cautioned the petitioners on 4 September 2026 that the petition would be dismissed for non‑prosecution if they failed to appear. The petitioners, represented by Advocate‑on‑Record Gaurav Nankar, were absent on the returnable date of 16 September 2026 and again on 22 September 2026 despite being called. Respondent State of Maharashtra, through learned A.P.P. Nitin B. Patil, submitted that the repeated absence indicated a lack of interest in pursuing the petition. The Court, noting the non‑appearance and the submissions, dismissed the writ petition for non‑prosecution. Consequently, Criminal Writ Petition No.1054 of 2024 was dismissed.

Issues considered

Whether a criminal writ petition may be dismissed for non‑prosecution due to the petitioners' and their advocate's failure to appear before the Court?

Subjects

non‑prosecution
writ petition
procedural dismissal
criminal appellate jurisdiction
absence of parties

Judgment

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR

                                             CRIMINAL APPELLATE JURISDICTION

                                            CR. WRIT PETITION NO. 1054 OF 2024

                         Manpasand Textile Processors Private
                         Limited And Anr.                                    …...Petitioners
                               VERSUS
                         State Of Maharashtra And Anr.                          …...Respondents

                         _________________________________________________________________


                         None for Petitioners.
                         Mr. Nitin B. Patil, APP for Respondent No.1 - State.
                         _________________________________________________________________



                                              CORAM       :   ASHWIN D. BHOBE, J.
                                              DATE        :   22nd SEPTEMBER, 2026.
                         P.C.
SHANTANU
SHANKARSA
DHUDUM
Digitally signed by
SHANTANU
                         1.           None present for the Petitioners.
SHANKARSA DHUDUM
Date: 2026.09.22
20:19:19 +0530




                         2.          Heard Mr. Nitin B. Patil, learned APP for Respondent No.1 –

                         State.


                         3.          On 16th September 2026, the following order was passed:


                                  “1. On 04.09.2026, the Petitioners / Advocate for the
                                     Petitioners were cautioned that on the returnable date, this
                                     Petition would be dismissed for non-prosecution and as
                                     such, this Petition is listed today under the caption “For
                                     Dismissal”.


                Shantanu S. Dhudum
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                2. Today, when this Petition was called out, neither the
                     Petitioners nor the Advocate for the Petitioners are present
                     in Court either physically or through VC mode.


                3. As a matter of indulgence and as a last and final
                     opportunity to the Petitioners / Advocate for the Petitioners
                     to appear and argue the case, list this Petition on
                     22.09.2026, under the caption “For Disposal”.”


         4.          Today, when this Petition was called out, the name of the

         Petitioners (Manpasand Textile Processors Private Limited and Rajgopal

         Bhimkaran Chhaparwal) and the Advocate-on-Record (Gaurav Nankar)

         were called out by the Court Sheristedar. None present, either physically or

         through V.C. mode.


         5.          Mr. Nitin B. Patil, learned A.P.P. for Respondent No.1 – State, by

         referring to the order dated 16 th September, 2026, submit that the

         Petitioners / Advocate for the Petitioners have chosen to remain absent not

         only on 16th September, 2026, but also on the earlier date as mentioned in

         the said order. He submits that the absence of the Petitioners / Advocate

         for the Petitioners is a clear indication that they are not interested in

         pursuing this Petition. He therefore insist upon dismissal of this Petition.


         6.          In view of the absence of the Petitioners / Advocate for the

         Petitioners and taking note of the submissions made by Mr. Nitin B. Patil,

         learned A.P.P. for Respondent No.1 – State, this Court is left with no

         alternative but to dismiss this Writ Petition for non-prosecution.

Shantanu S. Dhudum
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         7.          Criminal Writ Petition No.1054 of 2024 is dismissed.




                                                     ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum

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