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Bombay High Court

KASHINATH DNYANU KARANDEversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

A writ petition in which neither the petitioner nor his advocate appears or takes any steps to prosecute it is liable to be dismissed for non-prosecution.

Summary

This was a writ petition filed in the Bombay High Court's Criminal Appellate Jurisdiction by Kashinath Dnyanu Karande against the State of Maharashtra and others. When the matter was called for hearing, no one appeared for the petitioner. The Court noted from the record that since the petition was filed on 28th January 2020, neither the petitioner nor his advocate had taken any steps to circulate the petition even once. It therefore appeared that the petitioner was not interested in pursuing the petition. The Court dismissed the petition for non-prosecution. No merits of the underlying criminal matter were decided.

Issues considered

  • Whether the writ petition is liable to be dismissed for non-prosecution where neither the petitioner nor his advocate has appeared or taken steps to circulate the petition since its filing?

Subjects

  • Writ Petition
  • Criminal Appellate Jurisdiction
  • Dismissal for non-prosecution
  • Non-prosecution

Judgment

                    DTG                                                                    102-Wp-593-2020.doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CRIMINAL APPELLATE JURISDICTION

                                                     WRIT PETITION NO. 593 OF 2020

                    Kashinath Dnyanu Karande                                             … Petitioner
                                     V/s.
                    The State of Maharashtra & Ors.                                      … Respondents
                                                _______________________________________

                    None for Petitioner.

                    Mr. Shrikant V. Gavand, A.P.P. for Respondent-State.
                                     _______________________________________

                                                         CORAM : A. S. GADKARI AND
                                                                 KAMAL KHATA, JJ.
                                                         DATE  : 31st July 2026

                    P.C. :

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

                    2)                      Record indicates that, since the date of filing of the Petition i.e.

                    28th January 2020, neither the Petitioner nor his Advocate has taken any

                    steps to circulate the Petition, even 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. )
               Digitally signed by
               DNYANESHWAR
DNYANESHWAR TULSHIRAM
TULSHIRAM   GHUMNAR
GHUMNAR     Date: 2026.08.06
               18:35:49 +0530                                                                                    1/1


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