Bombay High Court
KAILASH KANJI CHAVANversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is dismissed for non‑prosecution.
Summary
Petitioner Kailash Kanji Chavan filed a writ petition challenging the Sessions Court's order dated 24 January 2024 that rejected his application for discharge in Sessions Case No. 604 of 2022. The High Court observed that, despite the petition being filed in 2024, neither the petitioner nor his counsel had taken any steps to advance the matter or obtain the relief sought. The court inferred that the petitioner was not genuinely interested in prosecuting the writ petition. Consequently, the High Court dismissed the writ petition on the ground of non‑prosecution. The dismissal was pronounced by Justice Ashish S. Chavan.
Issues considered
- What is the appropriate course of action when a petitioner shows no intention to pursue a writ petition?
Subjects
- writ petition
- discharge application
- non‑prosecution
- criminal appellate jurisdiction
- high court
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.09.19
11:56:17 1/2 16 WP.4400.2024.odt
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4400 OF 2024
Kailash Kanji Chavan .. Petitioner
Versus
The State of Maharashtra & Anr. .. Respondents
…
None for the Petitioner.
Mr. Tanveer Khan, APP, for the Respondent-State.
Ms Rupali Karande, API, Kopri Police Station, Thane, is
present.
...
CORAM: ASHISH S. CHAVAN, J.
DATE : 18th SEPTEMBER, 2026
P.C:-
1. By way of this Writ Petition, the Petitioner has assailed
the order dated 24.01.2024 passed by the Sessions Court,
Thane, rejecting the Application of the Petitioner seeking
discharge in the proceedings, namely, Sessions Case No. 604 of
2022. Although the Petition is instituted in the year 2024, till
date, neither the counsel for the Petitioner nor the Petitioner
has made any effort to circulate the matter or to obtain the
reliefs prayed for therein. It is evident from the conduct of the
Petitioner that he is not desirous of seriously prosecuting the
Rushikesh
2/2 16 WP.4400.2024.odt
Writ Petition.
Consequently, the Writ Petition stands dismissed for non-
prosecution.
(ASHISH S. CHAVAN, J.)
Rushikesh
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