Bombay High Court
MAHAVEER NAGARI SAHAKARI PATHPEDHI MARYADIT CHOPDA, THROUGH ITS MANAGER ACHAL ASHOKLAL AGRAWALversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISMISSED
Holding
The petitions are dismissed for non‑prosecution.
Summary
The Mahaveer Nagari Sahakari Pathpedi Maryadit Chopda society filed multiple criminal writ petitions seeking registration of a crime alleging misappropriation of its funds. After filing, the society 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 bench held that the petitions could not proceed in the absence of prosecution. All the writ petitions were dismissed for non‑prosecution.
Issues considered
- Whether criminal writ petitions can be entertained when the petitioner fails to appear, issue notices, or give instructions to counsel
- Whether the lack of prosecution by the petitioner warrants dismissal of the petitions
Subjects
- criminal writ petition
- misappropriation of funds
- non‑prosecution
- dismissal
- society
- registration of crime
Judgment
2026:BHC-AUG:39833-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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