Bombay High Court

RASHTRAWADI BHIM SENA, AURANGABAD, THROUGH, ITS PRESIDENT, VISHALBHAU S/O KADUBA PAKHARE AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

The petition and the pending criminal application are dismissed for want of prosecution.

Summary

The petitioners, Rastrawadi Bhim Sena, filed a criminal writ petition seeking registration of an FIR based on a complaint dated 20 September 2017 and also prayed for recovery of Rs. 18.40 crore from Empire Mall Pvt. Ltd. The court issued notice only to respondent No.3 and could not issue notice to respondent No.4 due to lack of address. The petitioners failed to appear before the court and did not comply with the court's orders, including the pending criminal application. Consequently, the court observed that the petitioners were not interested in prosecuting the matter. The petition and the pending criminal application were dismissed for want of prosecution.

Issues considered

Whether the petition for registration of an FIR and recovery of money can proceed in the absence of proper notice to all respondents.
Whether the court can dismiss a criminal writ petition for want of prosecution when the petitioners fail to appear and comply with orders.

Subjects

registration of FIR
criminal writ petition
want of prosecution
dismissal
notice issuance
recovery of money
civil procedure

Judgment

                                 (1)
                                               17 Cri.WP-990.2021.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD
      17 CRIMINAL WRIT PETITION NO. 990 OF 2021
                        WITH
        CRIMINAL APPLICATION NO. 1459 OF 2023
                   IN WP/990/2021

RASHTRAWADI BHIM SENA, AURANGABAD, THROUGH, ITS
 PRESIDENT, VISHALBHAU S/O KADUBA PAKHARE AND
                    ANOTHER
                     VERSUS
     THE STATE OF MAHARASHTRA AND OTHERS
                                …
                    None for the petitioners.
           Mr. R.D. Raut, A.P.P. for respondents-State.
                          ...
                CORAM : SANDIPKUMAR C. MORE AND
                        VAISHALI PATIL-JADHAV, JJ.

                DATED : 7 SEPTEMBER 2026.

Per Court :

1.   None for the petitioners.



2.   The petition appears to be filed for registration of F.I.R.

on the basis of complaint dated 20.09.2017. Petitioners have

also prayed for recovery of amount of Rs. 18.40 Crores from

Empire Mall Pvt. Ltd.      However, the record shows that the

petitioners were appearing initially and later on notice was

issued only to respondent No.3 under order dated 11 January

2023. It further appears that the petitioners did not provide

address of respondent No.4, and therefore, notice could not be

issued in the year 2023.
                             (2)
                                           17 Cri.WP-990.2021.odt
3.    The record further show that thereafter the petitioners

did not turn up for complying the order of this Court. Even

today also nobody remained present for respondent No.3.

Thus, it appears that the petitioners are not interested in

prosecuting the matter, and therefore, the petition stands

dismissed alongwith pending criminal application, for want of

prosecution.



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




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