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Bombay High Court

VISHWANATH GOBRA RATHODversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISMISSED

Holding

The petition is dismissed for non‑prosecution, and no compensation is awarded.

Summary

The petitioner filed a criminal writ petition seeking Rs.15,00,000 as compensation for alleged violations of his fundamental rights under Articles 19 and 21, arising from an externment order dated 24‑11‑2021. The petition did not name any respondents and the petitioner failed to appear after filing the petition. The court noted that the petitioner was not interested in prosecuting the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution, granting no compensation. The dismissal was ordered by Judges Vaishali Patil‑Jadhav and Sandipkumar C. More.

Issues considered

  • Whether the petitioner is entitled to compensation for alleged violation of Articles 19 and 21 due to the externment order
  • Whether the petition can proceed despite the petitioner's failure to appear and lack of interest in prosecution
  • Whether dismissal for non‑prosecution is appropriate under procedural law

Subjects

  • Fundamental Rights
  • Article 19
  • Article 21
  • Compensation
  • Writ Petition
  • Externment
  • Non‑prosecution
  • Bombay High Court

Judgment

2026:BHC-AUG:39837-DB

                                            1               922 CRIMINAL WRIT PETITION NO. 1526 OF 2022



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                   922 CRIMINAL WRIT PETITION NO. 1526 OF 2022
                           VISHWANATH GOBRA RATHOD
                                         VERSUS
                      THE STATE OF MAHARASHTRA AND OTHERS
                                           …..
            None for the petitioner.
            Adv. Rajdeep D. Raut, APP for Respondents-State
                                           …..
                                   CORAM : SANDIPKUMAR C. MORE AND
                                             VAISHALI PATIL-JADHAV, JJ.

                                        DATED : 27/08/2026
            Per Court:

            .          None for the petitioner.


            2.         The petitioner is asking for compensation of Rs.15,00,000/-

            (Rs. Fifteen Lakhs only) for violation of his fundamental rights

            under Article 19 and 21 of Constitution of India. However, it

            appears that petitioner is aggrieved by an order dated 24.11.2021

            of his externment. It is to be noted that the notice was not issued

            against the respondents and the petitioner is also not turned up

            after filing this petition.


            3.          As such, petitioner is not interested in prosecuting the

            matter and therefore, the petition stands dismissed for non-

            prosecution



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


            shivani/


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