Bombay High Court

PRALHAD GOVIND SALUNKE PATILversusEDandF MAN COMMODITIES INDIA PVT. LTD. AND ANR.

Disposal: Disposed Off

Holding

The writ petition is dismissed for non‑prosecution due to the petitioner’s and counsel’s repeated absence.

Summary

The petitioner filed Criminal Writ Petition No. 5227 of 2019 in the Bombay High Court. The petitioner’s counsel, Mr. Balwant Salunkhe, appeared only once on 20 November 2019, after which the petitioner and counsel failed to appear on multiple subsequent dates, including 4 December 2019, 10 January 2020, 4 September 2026, and 16 September 2026. The Respondent State, through A.P.P. S.N. Deshmukh, argued that the repeated non‑appearance indicated a lack of interest in pursuing the petition and sought dismissal. The Court, after granting a final opportunity on 24 September 2026, found the petitioner’s continued absence to be a clear indication of non‑prosecution. Consequently, the Court dismissed the writ petition for non‑prosecution and recorded the disposal of the petition.

Issues considered

What is the appropriate consequence of a petitioner’s persistent non‑appearance and failure to prosecute a criminal writ petition?

Subjects

writ petition
non‑prosecution
dismissal
procedural default
criminal appellate jurisdiction
court procedure

Judgment

4-WP-5227-2019 (CR).docx

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

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 5227 OF 2019

Pralhad Govind Salunke Patil …...Petitioner
Versus
ED&F Man Commodities India Pvt. Ltd. & Anr. …...Respondents

——————
None for Petitioner.
Ms. S.N. Deshmukh, A.P.P. for Respondent No.2-State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 24th September 2026.

PER COURT :

1. This Petition is listed today at Sr. No.4 on the Daily Cause List, under

the caption “For Disposal”.

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

“1. On 04.09.2026, the following order was passed:-
1. This Petition is of the year 2019.

2. When this Petition was called out neither the Petitioner nor the
Advocate for the Petitioner is present in the Court or through VC.
mode.

3. Ms. Deshmukh, learned A.P.P. appears for the Respondent No.2-
State.

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4-WP-5227-2019 (CR).docx

4. To afford an opportunity to the Petitioner / Advocate for the
Petitioner to appear, list this matter on 16th September 2026, 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. Mrs. S. N. Deshmukh, learned APP for the Respondent -
State,submits that the absence of the Petitioner / Advocate
for the Petitioner is an indication that the Petitioner is not
interested in pursuing this Petition. She therefore requests for
dismissal of this Petition.
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 24.09.2026, under the
caption "For Disposal".”

3. Perusal of the record placed before me indicates that on 20 th November

2019, an Advocate Mr. Balwant Salunkhe had appeared for the Petitioner.

Thereafter, on 4th December 2019, 10th January 2020, 4th September 2026

and 16th September 2026, none has appeared on behalf of the Petitioner.

4. Today, when this Petition was called out, name of the Petitioner and

Advocate Mr. Balwant Salunkhe were called out by the Sheristedar, neither

the Petitioner nor the Advocate for the Petitioner Mr. Balwant Salunkhe is

present in Court, either physically or through VC mode.

5. Ms. Deshmukh, learned A.P.P. appears for the Respondent No. 2-State.

She submits that the absence of the Advocate for the Petitioner indicates that

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the Petitioner is not interested in pursuing the present Petition. She therefore

insist for dismissal of this Petition.

6. In view of the above and on account of the absence of the Petitioner /

Advocate for the Petitioner, this Court is left with no alternative but to dismiss

the Writ Petition No. 5227 of 2019 for non-prosecution.

7. The Criminal Writ Petition No. 5227 of 2019 is disposed of.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.24
17:55:12
+0530

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