Bombay High Court

MADHUKAR PANDURANG KAJALEversusMANGESH CHITLE AND ORS

Decided: 8 January 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: NEELA KEDAR GOKHALE

Holding

The Court dismissed the writ petitions for want of prosecution, without deciding the issue of sanction.

Summary

The petitioner, Madhukar Pandurang Kajale, filed writ petitions (Nos. 560 and 559 of 2014) challenging the prosecution of public servants in a private complaint. The central issue was whether prior sanction is required to prosecute public servants under such complaints, a question that was pending before the Apex Court. On the scheduled hearing on 13 November 2025, the petitioner failed to appear, and the matter was adjourned. Subsequent hearings on 8 January 2026 saw both the petitioner and respondents absent, indicating a lack of interest in pursuing the petitions. Consequently, the Court dismissed the writ petitions for want of prosecution, without addressing the substantive legal question.

Issues considered

Whether sanction is required to prosecute public servants in a private complaint

Subjects

writ petition
sanction
prosecution
public servant
private complaint
dismissal for want of prosecution

Judgment

                                                74-WP-560-2014.DOC




Ajit Pathrikar



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                     WRIT PETITION NO. 560 OF 2014

Madhukar Pandurang Kajale                          ...Petitioner
      Versus
Ajit Maruti Kharat And Ors.                        ...Respondents

                                 WITH
                     WRIT PETITION NO. 559 OF 2014
                                  IN
                 CRIMINAL APPLICATION NO. 3798 OF 2009

Madhukar Pandurang Kajale                          ...Petitioner
    Versus
Mangesh Chitle And Ors.                            ...Respondents

None for the Petitioner.
None for the Respondent Nos. 1 to 10.
Ms. Anuja S. Gotad, APP for the State-Respondent Nos. 11 and
     12.


                         CORAM        DR. NEELA GOKHALE, J.
                         DATED:       08th JANUARY 2026
PC:-


1.        None appeared for the Petitioner on 13 th November

2025. Even today, when the matter was called out, none

appears for the Petitioner.




                                 Page 1 of 2
                                th
                              08 January 2026
                                             74-WP-560-2014.DOC




2.    On 13th November 2025, when the Petitioner was

absent, the matter was adjourned since the issue as to

whether sanction is required to prosecute the public servants

in a private complaint is pending before the Apex Court.

However, even today, both the parties are absent. It appears

that they are not interested in prosecuting the present Writ

Petitions.



3.    The Writ Petitions are dismissed for want of prosecution.




                                           (Dr. Neela Gokhale, J)




                            Page 2 of 2
                           th
                         08 January 2026

Continue reading with your account

Checking your session…