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Bombay High Court

DATTATRAY CHANDRAKANT POREversusSUREKHA DATTATRAY PORE AND ANR.

Disposal
Dismissed

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Dattatray Chandrakant Pore, filed a criminal writ petition challenging an unspecified matter. The petitioner and his counsel failed to appear in court on multiple dates, including 3rd September, 15th September, and 21st September 2026, despite being listed for hearing. The respondent State, represented by A.P.P. Mr. C.D. Mali, argued that the repeated non‑appearance indicated a lack of interest in pursuing the petition. The Court, noting the petitioner’s absence and the respondent’s submission, exercised its discretion to dismiss the petition for non‑prosecution. Consequently, the writ petition was dismissed without any substantive adjudication on the merits.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution due to the petitioner’s failure to appear in court

Subjects

  • non-prosecution
  • writ petition
  • court procedure
  • absence of parties
  • dismissal

Judgment

                                                           6-WP-672-2026 (CR).docx


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

                    CRIMINAL APPELLATE JURISDICTION

                    CR. WRIT PETITION NO. 672 OF 2026

Dattatray Chandrakant Pore                            …...Petitioner
                      Versus
Surekha Dattatray Pore And Anr.                       …...Respondent


                                 ——————
None for the Petitioners.
Mr. C.D. Mali, A.P.P. for Respondent No.2-State.
                                 ——————

                                 Coram :       ASHWIN D. BHOBE, J.

                                 Date      :   21st September 2026.

PER COURT :


1.    This Criminal Writ Petition is at Serial No. 6 on the ‘Daily Cause List’.


2.    On 15th September 2026, the following order was passed :

       “1.    On 3rd September, 2026, as a caution to the Petitioner
              /Advocate for the Petitioner that this matter may be
              dismissed for non-prosecution, this Petition was listed today
              under the caption "For Dismissal".

       2.     Today, again, neither the Petitioner nor the Advocate for the
              Petitioner were present, either physically or through V.C.
              mode.


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                                                                                      6-WP-672-2026 (CR).docx


                                3.     To afford an opportunity to the Petitioner / Advocate for the
                                       Petitioner to appear and argue the case, as a matter of last
                                       indulgence, list this matter on 21 st September, 2026 under
                                       the caption "For Disposal" on Supplementary Board.”



                         3.    Today, when this matter was called out, the names of the Petitioner and

                         the Advocate on Record (Mr. Prathamesh Patil), were called out by the

                         Sheristadar. Neither the Petitioner nor the Advocate for the Petitioner is

                         present in Court either physically or through V.C. mode.

                         4.    Mr. Mali, learned A.P.P. for the Respondent No.2-State, by referring to

                         the orders dated 3rd September 2026 and 15th September 2026, submits that

                         the absence of the Petitioner and the Advocate for the Petitioner before this

                         Court is an indication of the Petitioner not being interested in pursuing this

                         Petition and therefore insists for dismissal of this Petition.

                         5.    In view of the absence of the Petitioner and the Advocate for the

                         Petitioner, this Court has no other option but to accept the request made by

                         Mr. Mali, learned A.P.P. for the Respondent No.2-State.


                         6.    In view of the above, Writ Petition No. 672 of 2026 is dismissed for

                         non-prosecution.


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:                                                 [ ASHWIN D. BHOBE, J. ]
           2026.09.21
           20:16:24
           +0530




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