Bombay High Court

RAMKISHAN JALBA SHILEKARversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISMISSED

Holding

The petition is dismissed for non‑prosecution.

Summary

Ramkishan Jalba Shilekar filed a criminal writ petition alleging that Police Inspector Somnath Shinde assaulted him and sought a court direction to initiate criminal proceedings and a departmental enquiry. The Court observed that the petitioner had already filed another writ petition concerning the same incident, albeit with different reliefs, which remains pending. The Court’s resource personnel report indicated that the petitioner had taken no further steps to advance the matter after 2021. Considering the existence of a parallel petition and the petitioner’s apparent lack of diligence, the Court concluded that the petitioner was not actively prosecuting the present petition. Consequently, the petition was dismissed for non‑prosecution. The dismissal reflects the Court’s stance that a petitioner must diligently pursue relief in a timely manner.

Issues considered

Whether the criminal writ petition seeking direction for criminal action and departmental enquiry against a police officer can be entertained when a parallel petition on the same facts is pending
Whether the petitioner’s inaction after 2021 amounts to non‑prosecution warranting dismissal of the petition

Subjects

assault
police misconduct
departmental enquiry
non-prosecution
criminal writ petition
judicial dismissal

Judgment

2026:BHC-AUG:39852-DB

                                                                      916 wp 1542-20 .




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD


                   916 CRIMINAL WRIT PETITION NO. 1542 OF 2020

                              RAMKISHAN JALBA SHILEKAR
                                          VERSUS
                      THE STATE OF MAHARASHTRA AND ANOTHER
                                            ...
           Mr. A. S. Shinde, APP for Respondent-State
                                            ….

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

                                  Date        :   01/09/2026



          PER COURT :


          1.   None for the petitioner.



          2.   Though the petitioner seeks a direction for taking legal action

          against Police Inspector Mr. Somnath Shinde, Ramtirth Police Station,

          Tq. Biloli, District Nanded13 pt and also for initiating a departmental

          enquiry against him in respect of the alleged assault committed on the

          petitioner by the said Police Inspector, but the report of the Resource

          Personnel of this Court clearly indicates that the petitioner has also

          filed another criminal writ petition in respect of the same incident,

          though with different prayers and the said petition is pending.       The

          report further indicates that, after 2021, the petitioner has not taken

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                                                            916 wp 1542-20 .




any steps to circulate the matter till date. In the circumstances, it

appears that the petitioner is not interested in diligently prosecuting

the present petition.   Accordingly, the petition stands dismissed for

non-prosecution.




[VAISHALI PATIL-JADHAV]                    [SANDIPKUMAR C. MORE]
             JUDGE                               JUDGE




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