Bombay High Court

KAMLESH GUPTAversusSTATE OF MAHARASHTRA AND ANR

Decided: 17 January 2026
Disposal: Dismissed
Bench: SARANG VIJAYKUMAR KOTWAL SANDESH DADASAHEB PATIL

Holding

The petition is dismissed for non-prosecution.

Summary

The criminal writ petition filed by Mrs. Kamlesh Gupta remained pending since 2022. No counsel appeared to have the petition circulated, and the State had already filed a chargesheet. On the hearing date, no representative appeared for the petitioner. The Court observed that the petitioner had not pursued the matter and that the chargesheet was already filed. Consequently, the Court dismissed the petition on the ground of non-prosecution.

Issues considered

What is the appropriate remedy when a petitioner fails to prosecute a criminal writ petition and no counsel appears?

Subjects

criminal procedure
non-prosecution
writ petition
dismissal

Judgment

                                                                       27-wp4954-22.doc

     vai
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally           CRIMINAL APPELLATE JURISDICTION
         signed by
         VASANT
VASANT   ANANDRAO
ANANDRAO IDHOL
IDHOL    Date:
         2026.01.20         CRIMINAL WRIT PETITION NO.4954 OF 2022
         15:15:07
         +0530




                  Mrs.Kamlesh Gupta                                  ...Petitioner
                            V/s.
                  The State of Maharashtra &Ors.                     ...Respondents


                  None for the Petitioner.

                  Ms.Mahalakshmi Ganapathy, Addl.PP for the State – Respondent.

                                  CORAM : SARANG V. KOTWAL &
                                          SANDESH D. PATIL, JJ.
                                  DATE : 17TH JANUARY, 2026.

                  P.C. :-

                  1.         The Petition is pending since 2022. No efforts were

                  taken by the learned counsel for the Petitioner to get the matter

                  circulated. Learned Addl.PP states that in this case, the

                  chargesheet is already filed.

                  2.         Even today nobody appears for the Petitioner. In this

                  backdrop, the Petition is dismissed for non-prosecution.



                  (SANDESH D. PATIL, J.)                (SARANG V. KOTWAL, J.)

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