Bombay High Court

JAYPRAKASH NERDEV KAPSEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

The writ petition is dismissed for non‑prosecution as the petitioner is not interested in pursuing the case.

Summary

The petitioner filed a criminal writ petition seeking a court direction to the second respondent to initiate criminal prosecution against respondents five and six and others. The court observed that the petitioner had been continuously absent since 2022 and had made no effort to circulate the matter, indicating a lack of interest in pursuing the prosecution. Consequently, the court held that the petitioner was not actively seeking prosecution. The writ petition was therefore dismissed on the ground of non‑prosecution. No substantive merits of the alleged offence were examined.

Issues considered

Whether a court can compel the initiation of criminal prosecution when the petitioner is absent and shows no interest in the case
Whether the lack of prosecution effort by the petitioner justifies dismissal of a criminal writ petition

Subjects

criminal prosecution
writ petition
non prosecution
court direction
disinterest of petitioner

Judgment

2026:BHC-AUG:41304-DB

                                                                       357.21WP

                                               1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                        913 CRIMINAL WRIT PETITION NO.357 OF 2021

                                JAYPRAKASH NERDEV KAPSE
                                           VERSUS
                         THE STATE OF MAHARASHTRA & OTHERS
                                               ...
                        Advocate for the petitioner : Mr.S.G.Jadhavar
                       APP for Respondent-State : Mrs.M.N.Ghanekar
                   Advocate for Respondent nos. 3 & 4 : Mr.Shubham S. Kote
                                       h/f. Mr.A.V.Hon.
                                               ...
                                     CORAM : SANDIPKUMAR C. MORE &
                                                   VAISHALI PATIL-JADHAV,JJ.

                                     DATE     :    04.09.2026
                 P.C. :


                            Though the petition is filed for direction to

                 respondent no.2 to initiate criminal prosecution against the

                 respondent nos.5 and 6 and others, but record shows that

                 since 2022 the petitioner remained continuously absent and

                 no efforts are taken for circulation of the matter. Thus, it

                 appears that the petitioner is not interested in prosecuting

                 the matter. Therefore, the Writ Petition is dismissed for non

                 prosecution.



                 [VAISHALI PATIL-JADHAV]            [SANDIPKUMAR C.MORE]
                         JUDGE                           JUDGE
                 DDC

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