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Bombay High Court

NAMDEV PARNJI HARLE AND ANR.versusPARSWANATH CO OP. BANK LTD., KOLHAPUR AND ANR.

Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a criminal writ petition in 2023 challenging an order dated 11 October 2019 that issued process against them. The Court repeatedly listed the matter to give the petitioners and their counsel opportunities to appear, including a listing on 7 September 2026 under the caption “For Dismissal”. Despite these notices, the petitioners and their advocate failed to appear physically or via video conference on the scheduled dates. The learned Assistant Public Prosecutor for the State argued that sufficient opportunities had been provided and that the petition had been pending for three years without any effort by the petitioners. Consequently, the Court exercised its inherent power to dismiss the petition for non‑prosecution. The writ petition was therefore dismissed.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioners and their counsel fail to appear despite multiple opportunities granted by the Court

Subjects

  • non‑prosecution
  • writ petition
  • criminal procedure
  • dismissal
  • failure to appear
  • court procedure

Judgment

                                                                                     908 - CR WP - 15 - 2023.docx


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
RAMESH
                                          CRIMINAL APPELLATE JURISDICTION
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.11
15:32:57 +0530



                                       CRIMINAL WRIT PETITION NO. 15 OF 2023

                      Namdev Parnji Harle & Anr.                                 … Petitioners
                                 V/s.
                      Parswanath Co Operative               Bank      Ltd.,
                      Kolhapur & Anr.                                            … Respondents

                      None for the Petitioners.
                      Ms. S. N. Deshmukh, APP for the State.



                                                         CORAM          : ASHWIN D. BHOBE, J.

                                                         DATED          : SEPTEMBER 11, 2026
                      P.C.:


                      1.      On 7th September 2026, the following order was passed:


                              “1.    On 1st September 2026, the following order was passed:

                                     “1.    This Petition is of the year 2023.

                                     2.     When this Petition was called out, neither the Petitioners nor
                                     the Advocate for the Petitioners were present.

                                     3.     A perusal of the Petition indicates that the order impugned in
                                     the present Petition is an order dated 11 th October, 2019, by which
                                     process has been issued against the Petitioners.

                                     4.     The records indicates that this Petition was lastly listed on 2 nd
                                     February, 2023.

                                     5.     Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent
                                     No.2 – State, submits that a copy of the Petition has not been
                                     furnished to the Office of the Public Prosecutor.

                                     6.      To afford an opportunity to the Petitioners / Advocate for the
                                     Petitioners to appear and argue the case, list this matter on 7 th




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                                                             908 - CR WP - 15 - 2023.docx


                September, 2026 under the caption “For Dismissal”.”



      2.     The reason for passing the said order and listing the matter under the
      caption “For Dismissal” was to afford an opportunity to the Petitioners /
      Advocate for the Petitioners to appear and pursue the present Petition. Today,
      when this Petition was called out, neither the Petitioners nor the Advocate for
      the Petitioners is present, despite the caution by way of listing the matter
      under the caption “For Dismissal”.

      3.      In the interest of justice, and to afford an opportunity to the
      Petitioners / Advocate for the Petitioners to appear and argue the matter, by
      way of a last opportunity, list this matter on 11th September 2026 “for
      disposal”. To be listed on supplementary board.”



2.    Today, the names of Petitioner No. 1 (Namdev Parnji Harle) and

Petitioner No. 2 (Dilipkumar Machindra Ingawle) and the Advocate-on-

Record (Mr. Vishnu S. Chavan) were called out by the Court Sheristedar,

however, neither the Petitioners nor the Advocate-on-Record for the

Petitioners were present either physically or through V.C. mode.


3.    Ms. S. N. Deshmukh, learned APP for the State, by referring to

paragraphs 2 and 3 of the order dated 7th September 2026, submits

that more than sufficient opportunities have been afforded to the

Petitioners to appear and argue their case. She submits that this Petition

is pending from the year 2023 and no efforts were made by the

Petitioners to move this Petition. She, therefore, insists for dismissal of

the Petition.


4.    In view of the above, this Court is left with no other option but to




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                                                    908 - CR WP - 15 - 2023.docx


dismiss this Petition for non-prosecution.


5.    Writ Petition No. 15 of 2023 is dismissed for non-prosecution.




                                             (ASHWIN D. BHOBE, J.)




VRJ                                                                           3


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