Bombay High Court

RAMESH SHIVAJIRAO JADHAVversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed for want of prosecution.

Summary

Ramesh Shivajirao Jadhav filed a criminal writ petition seeking registration of a crime against respondents 2 and 3. The petitioner did not appear before the court and failed to provide a copy of the petition to respondent 2, preventing notice. Additionally, the petitioner did not circulate the matter for over two years, indicating a lack of diligence. The bench held that these procedural lapses amounted to a want of prosecution. Consequently, the petition was dismissed.

Issues considered

Can a criminal writ petition proceed when notice to a respondent has not been issued due to non‑submission of a copy?
Does a lapse of more than two years without circulation of the petition constitute want of prosecution?
Is the court empowered to dismiss a criminal writ petition on the ground of want of prosecution?

Subjects

criminal writ petition
notice
registration of crime
want of prosecution
procedural default

Judgment

2026:BHC-AUG:38975-DB

919 CRIMINAL WRIT PETITION NO. 612 OF 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

919 CRIMINAL WRIT PETITION NO. 612 OF 2023

Ramesh Shivajirao Jadhav
VERSUS
The State Of Maharashtra And Others
__________________________________________________________
Adv. Bhosale Mahesh Kalidas for the Petitioner - Absent
Mr. A. S. Shinde, Addl.PP for State
__________________________________________________________

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 20, 2026

PER COURT :

1) None appears for the petitioner.

2) Although a direction is sought in the present
petition for registration of a crime against Respondent Nos.
2 and 3, the record indicates that the petitioner has not
supplied a spare copy for Respondent No. 2 and, therefore,
notice could not be issued to Respondent No. 2.

3) Moreover, the petitioner has not taken steps for
circulation of the matter for more than two years. It
appears that the petitioner is not interested in prosecuting
the matter diligently. Hence, the Criminal Writ Petition
stands dismissed for want of prosecution.

(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE

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