Bombay High Court

ROHIT PHADTAREversusCOMMISSIONER OF POLICE AND ORS

Decided: 18 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Rohit Phadtare, failed to appear for the hearing and did not take any steps to circulate the writ petition after July 4, 2018, indicating a lack of interest in pursuing the case. The respondents, represented by Smt. P. P. Shinde, highlighted this inactivity. The Court examined whether the petition could continue despite the petitioner's non‑participation. Finding that the petitioner had effectively abandoned the proceedings, the Court dismissed the petition for non‑prosecution. The dismissal was entered without any further orders.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and does not take steps to advance the petition

Subjects

writ petition
non‑prosecution
petition dismissed
criminal appellate jurisdiction
court procedure

Judgment

     pmk                                                    97-WP-3828-2017.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.3828 of 2017

Rohit Phadtare                                               … Petitioner

         V/s.

Commissioner of Police & Ors.                                … Respondents



None for the Petitioner.
Smt. P. P. Shinde, APP for the Respondent-State.
D. S. Patil, API, Kolshewadi Police Station.


                                   CORAM :       A. S. GADKARI AND
                                                 KAMAL KHATA, JJ.
                                      DATE :     18th April, 2026

P.C.:-

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

2)              Record indicates that, after 4 th July, 2018 Petitioner and/or his

Advocate has not taken any steps to circulate the Petition, even for once.

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

Petition.

3)              Dismissed for non-prosecution.



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



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