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Bombay High Court

SHAMRAO NANHU PAWARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISMISSED

Holding

The petition is dismissed for non‑prosecution because the petitioner failed to act diligently.

Summary

Shamrao Nanhu Pawar filed a criminal writ petition seeking a court direction for the police to investigate the suspected death of his son and to register a crime against respondents 4 and 5. The Court examined the petition and noted that the petitioner had taken no steps in the matter since June 2022, indicating a lack of diligence. The Resource Personnel report confirmed the petitioner's inactivity. Consequently, the Court held that the petitioner was not diligent in prosecuting the petition. The petition was therefore dismissed for non‑prosecution.

Issues considered

  • The Court may dismiss a criminal writ petition on the ground of non‑prosecution due to petitioner’s lack of diligence.
  • Whether a direction to the police to investigate a suspected death can be issued when the petitioner is inactive.

Subjects

  • criminal writ petition
  • non‑prosecution
  • police inquiry
  • death investigation
  • diligence
  • High Court

Judgment

2026:BHC-AUG:44116-DB

                                                                     914 wp 837-22 .




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                  914 CRIMINAL WRIT PETITION NO. 837 OF 2022

                               SHAMRAO NANHU PAWAR
                                         VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS
                                           …
          Mr. S. J. Salgare, APP for Respondent-State
                                           ….

                                  CORAM       :   SANDIPKUMAR C. MORE &
                                                  VAISHALI PATIL-JADHAV, JJ.

                                  Date        :   24/09/2026

          PER COURT :


          1.   None for the petitioner.


          2.   Though the petition has been filed seeking a direction to the
          police authorities to inquire into the suspected death of the
          petitioner's son and to register a crime against Respondent Nos.4
          and 5, but the report of the Resource Personnel of this Court clearly
          indicates that the petitioner has not taken circulation in the matter
          since June 2022.      In the circumstances, it appears that the
          petitioner is not diligent in prosecuting the present petition.
          Accordingly, the petition stands dismissed for non-prosecution.




          [VAISHALI PATIL-JADHAV]                  [SANDIPKUMAR C. MORE]
                      JUDGE                              JUDGE



                VS Maind/                                         Page|1


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