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Bombay High Court

RAJU SHIVAJI BHOSALEversusSTATE OF MAHARASHTRA AND ANR

Disposal
Disposed Off

Holding

The writ petitions are dismissed for non‑prosecution due to the petitioner's and counsel's failure to appear.

Summary

The petitioner, Raju Shivaji Bhosale, filed two criminal writ petitions (Nos. 584 of 2024 and 3655 of 2025) challenging actions of the State of Maharashtra. The petitioner and his advocate failed to appear on the returnable dates, despite being cautioned that the petitions would be dismissed for default. Respondents, represented by the State's counsel S.S. Chaudhari and Advocate Ahilya T. Nalawade, argued that the petitioner was deliberately avoiding the court and sought dismissal. The Court, after noting the repeated non‑appearance and the respondents' submissions, exercised its discretion to dismiss the petitions for non‑prosecution. Consequently, both writ petitions were dismissed.

Issues considered

  • What is the appropriate consequence of a petitioner's failure to appear on the returnable date in a criminal writ petition?

Subjects

  • writ petition
  • criminal appellate jurisdiction
  • default dismissal
  • non‑appearance
  • procedural default
  • court discretion

Judgment

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

                                             CRIMINAL APPELLATE JURISDICTION

                                             CR. WRIT PETITION NO. 584 OF 2024

                         Raju Shivaji Bhosale                                       …...Petitioner
                               VERSUS
                         State Of Maharashtra And Anr.                               …...Respondents


                                                           WITH
                                            CR. WRIT PETITION NO. 3655 OF 2025

                         Raju Shivaji Bhosale                                     …........Petitioner
                               VERSUS
                         State Of Maharashtra And Anr.                        ….......Respondents

                         _________________________________________________________________


                         None for the Petitioner.
                         Mr. S. S. Chaudhari, APP, for Respondent No.1 - State.
                         Ms. Ahilya T. Nalawade and Ms. Shruddha Patil, for Respondent No.2.
SHANTANU
SHANKARSA
DHUDUM                   _________________________________________________________________
Digitally signed by
SHANTANU
SHANKARSA DHUDUM
Date: 2026.09.22
20:19:18 +0530




                                             CORAM        :   ASHWIN D. BHOBE, J.
                                             DATE         :   22nd SEPTEMBER, 2026.
                         P.C.


                         1.          None present for the Petitioner.


                         2.          Heard Mr. S. S. Chaudhari, learned APP for Respondent No.1 –

                         State and Ms. Ahilya T. Nalawade, learned Advocate for Respondent No.2.


                         3.          On 16th September 2026, the following order was passed:



                Shantanu S. Dhudum
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                                                                   1- WP-584-2024 (CR).DOC


                “1. On 04.09.2026, the Petitioner / Advocate for the Petitioner
                     were cautioned that on the returnable date, this Petition
                     would be dismissed for default and as such, this Petition is
                     listed today under the caption “For Dismissal”.


                2. Today, when this Petition was called out, neither the
                     Petitioner nor the Advocate for the Petitioner are present in
                     Court either physically or through VC mode.


                3. Ms. Ahilya Nalawade, learned Advocate for the Respondent
                     No. 2, states that the Petitioner is avoiding to appear before
                     this Court, however, is seeking adjournment before the Trial
                     Court on the ground of pendency of this Petition. She
                     therefore request for dismissal of this Petition for non-
                     appearance of the Petitioner / Advocate for the Petitioner.


                4. As a matter of indulgence and as a last and final
                     opportunity to the Petitioner / Advocate for the Petitioner to
                     appear and argue the case, list this Petition on 22.09.2026,
                     under the caption “For Disposal”.”


         4.          Today, when these Petitions were called out, the name of the

         Petitioner (Raju Shivaji Bhosale) and the Advocate-on-Record (Aniket

         Vagal) were called out by the Court Sheristedar. None present, either

         physically or through V.C. mode.


         5.          Mr. S. S. Chaudhari, learned A.P.P. for Respondent No.1 – State

         and Ms. Ahilya T. Nalawade, learned Advocate for Respondent No.2, by

         referring to the order dated 16 th September, 2026, submit that the


Shantanu S. Dhudum
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                                                                    1- WP-584-2024 (CR).DOC


         Petitioner/Advocate for the Petitioner have deliberately remained absent

         on 16th September, 2026, as also on the earlier date fixed in this

         Application. They submit that the absence of the Petitioner/Advocate for

         the Petitioner is a clear indication that they are not interested in pursuing

         these Petitions. They, therefore, insist upon dismissal of these Petitions.


         6.          In view of the absence of the Petitioner/Advocate for the

         Petitioner and taking note of the submissions made by Mr. S. S. Chaudhari,

         learned A.P.P. for Respondent No.1 – State and Ms. Ahilya T. Nalawade,

         learned Advocate for Respondent No.2, this Court is left with no alternative

         but to dismiss these Writ Petitions for non-prosecution.


         7.           Criminal Writ Petition No.584 of 2024 and           Criminal Writ

         Petition No.3655 of 2025 are dismissed.




                                                       ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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