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-WP-2280-2018 (CR).docx
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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