Bombay High Court
DINANATH BHIKAJI KANADEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The writ petition is dismissed for non‑prosecution.
Summary
The petitioner, Dinanath Bhikaji Kanade, filed a criminal writ petition in 2014 which was initially dismissed for want of prosecution. The dismissal was later recalled in 2017, and the petition was restored for admission after four weeks. However, the petitioner and his counsel did not appear before the court after that date. On 23 January 2026, the court noted the continued absence of both the petitioner and his advocate, Mr. Mohan V. Khatavkar, and ordered the petition to be listed for dismissal. The court then dismissed the writ petition for non‑prosecution, concluding that the petitioner had failed to pursue the matter. The decision was signed by Justice Ashwin D. Bobe.
Issues considered
- Whether a writ petition can be dismissed for non‑prosecution due to the petitioner’s and counsel’s failure to appear.
Subjects
- writ petition
- non‑prosecution
- dismissal
- criminal appellate jurisdiction
- procedural default
Judgment
Gitalaxmi 904-WP-2423-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2423 OF 2014
Dinanath Bhikaji Kanade ...Petitioner
Versus
The State of Maharashtra ...Respondent
__________
None present for the Petitioner.
Mr. Kiran C. Shinde, learned A.P.P. for the State/Respondent.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 23rd JANUARY 2026.
P.C. :
1. On 22.01.2026, the following order was made by this
Court :-
“1. Reference to the following orders would be relevant :-
a. On 27.10.2014, the following order was made :-
“. None appears on behalf of the Petitioner. It appears
that Petitioner is not keen in pursuing the matter. Writ
Petition is, therefore, dismissed for want of prosecution.”
b. On 31.03.2017, the following order was made :-
“ Heard the learned counsel for the Applicant and the
learned APP for the Respondent-State.
2. In view of the explanation given in paragraph Nos. 3
and 4, the order dated 27th October, 2014 passed in above
Petition is recalled. The Writ Petition is restored to the file.
Registry shall place the Petition for admission after four
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Gitalaxmi 904-WP-2423-2014.doc
weeks.
3. The Application is accordingly disposed of.”
2. This Petition was filed on 23.06.2014. Records placed
before me does not indicate this matter being circulated by
the Petitioner after 31.03.2017.
3. Today, when this Petition was called out at 12:21 p.m.,
neither the Petitioner nor the Advocate for the Petitioner is
present in the Court, either physically or through Video
Conferencing mode.
4. In order to afford an opportunity to the
Petitioner/Advocate for the Petitioner to appear before this
Court, list the matter on 23rd January 2026 under the capt ion
“For Dismissal”.”
4. When this matter was called out today, name of the Petitioner
as well as name of their Advocate shown on the file (i.e. Mr.
Mohan V. Khatavkar) was called by the Sheristedar in the open
Court. None appeared when the matter was called out, either
physically or through Video Conferencing mode.
5. In view of the order dated 22.01.2026 and absence of the
Petitioner as also the Advocate for the Petitioner today, Criminal
Writ Petition No. 2423 of 2014 is dismissed for non-prosecution.
[ASHWIN D. BHOBE, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.01.29
15:12:54 +0530
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