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Bombay High Court

SAMBHAJI PANDURANG JADHAVversusSANJAY HARI KOKRE AND ANR

Disposal
Dismissed

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner, Sambhaji Pandurang Jadhav, filed a criminal writ petition challenging an unspecified order. The petitioner and his counsel, Mr. Sachhidanand Dalvi, failed to appear in court on multiple dates, including 3 September, 15 September, and 21 September 2026, either in person or via video conference. Respondent No.2, the State, through A.P.P. Mr. C.D. Mali, argued that the repeated non‑appearance demonstrated a lack of interest in pursuing the petition and sought dismissal for non‑prosecution. The Court, noting the petitioner’s absence and accepting the State’s submission, dismissed the writ petition on the ground of non‑prosecution. The dismissal was entered as a final order without any substantive consideration of the merits.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s and counsel’s failure to appear in court.

Subjects

  • non‑prosecution
  • writ petition dismissal
  • procedural default
  • criminal appellate jurisdiction
  • court procedure

Judgment

                                                          4-WP-1080-2024 (CR).docx


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

                    CRIMINAL APPELLATE JURISDICTION

                   CR. WRIT PETITION NO. 1080 OF 2024

Sambhaji Pandurang Jadhav                             …...Petitioner
                      Versus
Sanjay Hari Kokre & Anr.                              …...Respondents


                                 ——————
None for the Petitioner.
Mr. C.D. Mali, A.P.P. for Respondent No.2-State.
                                 ——————

                                 Coram :       ASHWIN D. BHOBE, J.

                                 Date      :   21st September 2026.

PER COURT :


1.    This Criminal Writ Petition is at Serial No. 4 on the ‘Daily Cause List’.


2.    On 15th September 2026, the following order was passed :

       “1.    On 3rd September, 2026, as a caution to the Petitioner
              /Advocate for the Petitioner that this matter may be
              dismissed for non-prosecution, this Petition was listed today
              under the caption "For Dismissal".

       2.     Today, again, neither the Petitioner nor the Advocate for the
              Petitioner were present, either physically or through VC.
              mode.


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                               3.     To afford an opportunity to the Petitioner / Advocate for the
                                      Petitioner to appear and argue the case, as a matter of last
                                      indulgence, list this matter on 21 st September, 2026 under
                                      the caption "For Disposal" on Supplementary Board.”



                        3.    Today, when this matter was called out, the name of the Petitioner and

                        the Advocate on Record (Mr. Sachhidanand Dalvi), were called out by the

                        Sheristadar. Neither the Petitioner nor the Advocate for the Petitioner is

                        present in Court either physically or through V.C. mode.

                        4.    Mr. Mali, learned A.P.P. for the Respondent No.2-State, by referring to

                        the orders dated 3rd September 2026 and 15th September 2026, submits that

                        the absence of the Petitioner and the Advocate for the Petitioner before this

                        Court is an indication of the Petitioner not being interested in pursuing this

                        Petition and therefore insists for dismissal of this Petition.

                        5.    In view of the absence of the Petitioner and his Advocate, this Court

                        has no other option but to accept the request made by Mr. Mali, learned A.P.P.

                        for the Respondent No.2-State.


                        6.    In view of the above, Writ Petition No. 1080 of 2024 is dismissed for

                        non-prosecution.

           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2026.09.21
           20:44:37 +0530
                                                                [ ASHWIN D. BHOBE, J. ]


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