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Bombay High Court

JYOTI W/O. SHIRISH GOLEKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISMISSED

Holding

The petition is dismissed for want of prosecution.

Summary

Jyoti, the petitioner, filed Criminal Writ Petition No. 891 of 2019 against the State of Maharashtra and other respondents. The petitioner’s counsel returned the brief, and the petitioner failed to engage new representation. Respondent No. 8’s counsel alleged that the petitioner was not serious about prosecuting the matter. The Court observed that the petitioner had not taken steps to continue the proceedings. Consequently, the petition was dismissed for want of prosecution.

Issues considered

  • What is the appropriate remedy when a petitioner fails to prosecute a criminal writ petition?

Subjects

  • criminal writ petition
  • dismissal
  • want of prosecution
  • procedural default
  • court procedure

Judgment

2026:BHC-AUG:35673-DB


                                         1                  915 CRIMINAL WRIT PETITION NO. 891 OF 2019



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                    915 CRIMINAL WRIT PETITION NO. 891 OF 2019
                              JYOTI W/O. SHIRISH GOLEKAR
                                           VERSUS
                      THE STATE OF MAHARASHTRA AND OTHERS
                                             …..
            Adv. A. N. Borade h/f Adv. G. K. Thigale, Advocate for the Petitioner
            Adv. A. S. Shinde, APP for Respondents-State
            Adv.V. V. Gujar, Advocate for Respondent No. 6 and 7
            Adv. S. R. Shirsat, Advocate for Respondent No. 8
                                             …..
                                   CORAM : SANDIPKUMAR C. MORE AND
                                              VAISHALI PATIL-JADHAV, JJ.

                                       DATED : 11/08/2026
            Per Court:

            .          The learned counsel holding for Mr. Thigale, submits that his
            office has already returned the brief to the petitioner. However,
            despite this, the petitioner did not care to engage another advocate.


            2.         On the contrary, the learned counsel for respondent No. 8
            submits that the petitioner herself is a further encroacher. Be that
            as it may, the petitioner does not appear to be serious about
            prosecuting the matter.



            3.         Accordingly, the petition stands dismissed for want of
            prosecution.




            ( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

            shivani/


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