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Bombay High Court

ANAJE FISHERIES AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution due to the petitioners' and their counsel's failure to appear.

Summary

The petitioners, Anaje Fisheries & Anr., filed a criminal writ petition (No. 2280 of 2018) in the Bombay High Court seeking relief against the State of Maharashtra. The matter was listed multiple times in September 2026, but the petitioners and their counsel, Mr. Chittaranjan Das, failed to appear either in person or via video conference. The respondent State, represented by Mr. C.D. Mali, argued that the repeated non‑appearance indicated a lack of interest in pursuing the petition. The Court, noting the petitioners' absence and the respondent's submission, exercised its discretion to dismiss the petition for non‑prosecution. Consequently, the writ petition was dismissed without any substantive consideration of the merits.

Subjects

  • writ petition
  • non-prosecution
  • procedural default
  • criminal appellate jurisdiction
  • court dismissal

Judgment

                                                          3-WP-2280-2018 (CR).docx


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                    CRIMINAL APPELLATE JURISDICTION

                   CR. WRIT PETITION NO. 2280 OF 2018

ANAJE FISHERIES & Anr.                                …...Petitioners
                    Versus
The State Of Maharashtra & Ors.                       …...Respondents


                                 ——————
None for the Petitioners.
Mr. C.D. Mali, A.P.P. for Respondent No.1-State.
                                 ——————

                                 Coram :       ASHWIN D. BHOBE, J.

                                 Date      :   21st September 2026.

PER COURT :


1.    This Criminal Writ Petition is at Serial No. 3 on the ‘Daily Cause List’.


2.    On 15th September 2026, the following order was passed :

       “1.    On 3rd September, 2026, as a caution to the Petitioners
              /Advocate for the Petitioners that this matter may be
              dismissed for non-prosecution, this Petition was listed today
              under the caption "For Dismissal".

       2.     Today, again, neither the Petitioners nor the Advocate for
              the Petitioners were present, either physically or through
              VC. mode.


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                                3.     To afford an opportunity to the Petitioners / Advocate for
                                       the Petitioners to appear and argue the case, as a matter of
                                       last indulgence, list this matter on 21 st September, 2026
                                       under the caption "For Disposal" on Supplementary Board.”



                         3.    Today, when this matter was called out, the names of the Petitioners

                         and the Advocate on Record (Mr. Chittaranjan Das), were called out by the

                         Sheristadar. Neither the Petitioners nor the Advocate for the Petitioners are

                         present in Court either physically or through V.C. mode.

                         4.    Mr. Mali, learned A.P.P. for the Respondent No.1-State, by referring to

                         the orders dated 3rd September 2026 and 15th September 2026, submits that

                         the absence of the Petitioners and the Advocate for the Petitioners before this

                         Court is an indication of the Petitioners not being interested in pursuing this

                         Petition and therefore insists for dismissal of this Petition.

                         5.    In view of the absence of the Petitioners and the Advocate for the

                         Petitioners, this Court has no other option but to accept the request made by

                         Mr. Mali, learned A.P.P. for the Respondent No.1-State.

                         6.    In view of the above, Writ Petition No. 2280 of 2018 is dismissed for

                         non-prosecution.

           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.21
           20:17:18
                                                                 [ ASHWIN D. BHOBE, J. ]
           +0530




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