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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