Bombay High Court

MAHAVEER NAGARI SAHAKARI PATHPEDHI MARYADIT, CHOPDA, THROUGH ITS MANAGER ACHAL ASHOKLAL AGRAWALversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

All the criminal writ petitions are dismissed for non‑prosecution.

Summary

The petitioner, Mahaveer Nagari Sahakari Pathpedi Maryadit Chopda, filed multiple criminal writ petitions alleging misappropriation of society funds. After filing, the petitioner failed to appear, did not issue notices to respondents, and did not provide instructions to its counsel. The Court observed that the petitioner showed no interest in pursuing the matter. Consequently, the Court held that the petitions could not proceed and dismissed them for non‑prosecution. The dismissal applied to all four writ petitions filed in 2020‑2022.

Issues considered

Whether a criminal writ petition may be dismissed for non‑prosecution when the petitioner remains silent and fails to cooperate with the Court

Subjects

criminal writ petition
non‑prosecution
dismissal
misappropriation of funds
procedural default

Judgment

2026:BHC-AUG:39832-DB

1 923 CRIMINAL WRIT PETITION NO. 1558 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
923 CRIMINAL WRIT PETITION NO. 1558 OF 2022
WITH
CRIMINAL WRIT PETITION NO. 1134 OF 2022
WITH
CRIMINAL WRIT PETITION NO. 1308 OF 2022
WITH
CRIMINAL WRIT PETITION NO. 1507 OF 2022

MAHAVEER NAGARI SAHAKARI PATHPEDHI MARYADIT CHOPDA,
THROUGH ITS MANAGER ACHAL ASHOKLAL AGRAWAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Adv. Yadnyesh V. Dharmadhikari h/f Adv. Ajay G. Talhar, Advocate
for the Petitioner
Adv. A. S. Shinde, APP for Respondents-State
…..

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.

DATED : 27/08/2026
Per Court:

. Though the learned counsel holding for Mr. Talhar, sought

time to take instructions, but it appears that all these petitions are

filed by the petitioner-society for registration of crime regarding

misappropriation of the funds of the society as per its complaint

dated 05.05.2021. However, after filing this matter the petitioner

did not remain present and even the notices are also not issued
2 923 CRIMINAL WRIT PETITION NO. 1558 OF 2022

against the respondents after filing of these petitions in the year

2020.

2. It is also appearant that the petitioner-society has also not

taken care to give instructions to its own Advocate. Therefore, it is

clearly evident that the petitioner is not interested in proceeding

with the matter.

3. As such, all these petitions stand dismissed for non-

prosecution.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

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