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 as the petitioner demonstrated no interest in proceeding.
Summary
The Mahaveer Nagari Sahakari Pathpedi Maryadit Chopda society filed multiple criminal writ petitions seeking registration of a crime alleging misappropriation of its funds, based on a complaint dated 5 May 2021. After filing, the society failed to appear before the court, did not issue notices to the respondents, and did not provide instructions to its own counsel. The court observed that the petitioner showed no interest in pursuing the matter. Consequently, the bench held that the petitions could not proceed and dismissed them for non‑prosecution. The dismissal reflects the principle that a petition must be actively pursued by the petitioner to warrant judicial intervention.
Issues considered
- Can criminal writ petitions be entertained when the petitioner fails to appear and does not give instructions to counsel?
- Whether the court may dismiss petitions on the ground of non‑prosecution.
Subjects
- criminal writ petition
- misappropriation of funds
- non‑prosecution
- society
- procedural default
Judgment
2026:BHC-AUG:39830-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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