Bombay High Court

KISHOR S/O MADHUKARRAO KENDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition was dismissed for non-prosecution because the petitioner remained absent and showed no interest in prosecuting the matter.

Summary

The petitioner, Kishor s/o Madhukarrao Kende, filed Criminal Writ Petition No. 185 of 2021 seeking a direction to register a crime as per his written complaint (Exh.B). The petition was filed on 05.02.2021. However, the petitioner did not circulate the matter thereafter and remained absent. On 29 August 2026, when the matter was taken up, none appeared for the petitioner. The State was represented by A.P.P. Mrs. U.S. Bhosale. The Court observed that the petitioner was not interested in prosecuting the matter. It therefore dismissed the petition for non-prosecution. No merits of the complaint or the relief sought were decided.

Issues considered

Whether the petition seeking a direction to register a crime as per the petitioner's written complaint (Exh.B) should be entertained when the petitioner is absent and not prosecuting the matter?
Whether the petition is liable to be dismissed for non-prosecution?

Subjects

Criminal Writ Petition
Direction to register crime
Non-prosecution
Absence of petitioner
Written complaint

Judgment

                                 (1)
                                              918 Cri.WP-185.2021.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD
     918 CRIMINAL WRIT PETITION NO. 185 OF 2021

            KISHOR S/O MADHUKARRAO KENDE
                           VERSUS
        THE STATE OF MAHARASHTRA AND OTHERS
                               …
                    None for the petitioner.
         Mrs. U.S. Bhosale, A.P.P. for respondent-State.
                               ...

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

                 DATED : 29 AUGUST 2026.

Per Court :

1.    None for the petitioner.

2.    Though the petitioner is seeking direction to register

crime as per his written complaint (Exh.B), but the record

shows that after filing of this petition on 05.02.2021, the

petitioner has not circulated the matter till today.

3.    Today also the petitioner is absent. As such, it appears

that the petitioner is not interested in prosecuting the matter.

Accordingly the petition stands dismissed for non prosecution.




(VAISHALI PATIL-JADHAV)                (SANDIPKUMAR C. MORE)
       JUDGE                                   JUDGE




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