Bombay High Court

GAJANAN RAJARAM NAGARKARversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to pursue the case.

Summary

Gajanan Rajaram Nagarkar filed a writ petition before the Bombay High Court on 18 April 2019 against the State of Maharashtra and others. The petition remained inactive as the petitioner and his counsel made no attempts to circulate or advance the petition. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition for non‑prosecution. With the petition disposed, the pending interim application (Stamp) No. 12846 of 2025 was also ordered to be dismissed.

Issues considered

Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s inaction?

Subjects

non-prosecution
petition dismissal
writ petition
criminal appellate jurisdiction
high court
interim application disposal

Judgment

DTG                                                        222-Wp.2296.2019.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                     WRIT PETITION NO. 2296 OF 2019
                                 WITH
              INTERIM APPLICATION (STAMP) NO. 12846 OF 2025

Gajanan Rajaram Nagarkar                                … Petitioner
       V/s.
The State of Maharashtra & Ors.                         … Respondents
                   _______________________________________
None for Petitioner.
Mr. Ashish I. Satpute, A.P.P. for Respondent-State.
Mr. Akshay Doctor a/w Mr. Parag Sawant, Mr. Shadad Khan, Mr. B. Singh and Mr.
Aaryan Parab i/b P.S. Chambers for DS Kulkarni Developers Ltd in WP and for
Applicant in IA.
                   _______________________________________
                          CORAM : A. S. GADKARI AND
                                        KAMAL KHATA, JJ.
                          DATE       : 17th June 2026
P.C. :

1)          None for the Petitioner when called out for hearing.

2)          Record indicates that, since the date of filing of the Petition i.e. 18 th

April 2019, neither the Petitioner nor his Advocate has taken any steps to circulate

the Petition, even once.

2.1)        It appears that, the Petitioner is not interested in pursuing the

Petition.

3)          Petition is dismissed for non-prosecution.

4)          In view of disposal of Petition, Interim Application (ST.) No. 12846 of

2025 pending therein, does not survive and is accordingly disposed off.


            ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )

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