Bombay High Court
PRADIP BALU FULAREversusTHE STATE OF MAHARASHTRA
- Disposal
- DISMISSED
Holding
The petition is dismissed for non‑prosecution as the petitioner failed to pursue the matter diligently.
Summary
The petitioner, Pradip Balu Fulare, filed a criminal writ petition seeking the release of a vehicle seized by a Police Inspector of the State Excise Department, alleging non‑compliance with an earlier order and pending notices since 2022. The petitioner’s counsel argued that the police had not released the vehicle despite the prior order. The Court observed that the petitioner failed to give clear instructions to his counsel and did not diligently pursue the matter after filing. Consequently, the Court held that the petitioner was not interested in prosecuting the case. The petition was therefore dismissed for non‑prosecution.
Issues considered
- Whether the petitioner’s lack of diligence and failure to pursue the case warrants dismissal for non‑prosecution?
Subjects
- Criminal writ
- Vehicle seizure
- Non‑prosecution
- Police
- Procedural default
Judgment
2026:BHC-AUG:39841-DB
1 919 CRIMINAL WRIT PETITION NO. 1112 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CRIMINAL WRIT PETITION NO. 1112 OF 2022
PRADIP BALU FULARE
VERSUS
THE STATE OF MAHARASHTRA
…..
Adv. Shaikh Majit S., Advocate for the Petitioner
Adv. U. S. Bhosale, APP for Respondents-State
…..
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 27/08/2026
Per Court:
. Heard.
2. The learned counsel for petitioner submits that despite an
earlier order, the concerned Police Inspector, State Excise
Department, Pune Division has not released the vehicle. However, it
is equally important to note that even notices are issued in this
matter, which is pending since 2022.
3. Further, it appears that the petitioner also did not care to give
instructions to his own counsel and did not circulate the matter
diligently after its filing.
2 919 CRIMINAL WRIT PETITION NO. 1112 OF 2022
4. As such, the petitioner is not interested in prosecuting the
matter diligently and accordingly, it stands dismissed for non
prosecution.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
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