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