Bombay High Court
VIJAY DNYANOBA RAUTversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISMISSED
Holding
A criminal writ petition may be dismissed for want of prosecution if the petitioner shows no diligence or fails to cooperate with counsel.
Summary
The petitioner, Vijay Dnyanoba Raut, filed Criminal Writ Petition No. 182 of 2021 before the Bombay High Court seeking relief against the State of Maharashtra. After filing, the petitioner failed to issue notices to the respondents and did not remove office objections. Moreover, the petitioner did not provide any instructions to his counsel, indicating a lack of diligence. The Court observed that the petitioner was not interested in prosecuting the matter diligently. Consequently, the Court dismissed the petition for want of prosecution. No merits of the underlying criminal allegations were examined.
Issues considered
- Whether a criminal writ petition may be dismissed for want of prosecution when the petitioner fails to cooperate with counsel and comply with procedural requirements?
Subjects
- criminal writ petition
- want of prosecution
- procedural default
- dismissal
- High Court
- Aurangabad bench
Judgment
2026:BHC-AUG:40396-DB
921 CRIMINAL WRIT PETITION NO. 182 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
921 CRIMINAL WRIT PETITION NO. 182 OF 2021
Vijay Dnyanoba Raut
Versus
The State Of Maharashtra And Others
__________________________________________________________
Adv. Sahil S. Jawale h/f. Adv. Awasarmol Rahul O. for the
Petitioner
Mr. Rajdeep D. Raut, A.P.P. for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 02, 2026
PER COURT :
1) Although the learned counsel for the petitioner
seeks time to take instructions, the record shows that, after
filing this petition, even notices were not issued to the
respondents and the petitioner has also failed to remove the
office objections till today.
2) Under such circumstances, it appears that the
petitioner is not interested in prosecuting the matter
diligently, as he has not given any instructions to his own
advocate. As such, we dismiss the petition for want of
prosecution.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page| 1 of 1
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