Authority: High Court of Judicature at Bombay, Kolhapur Circuit Bench

Order Date: 12 October 2026

Case Overview

  • Petitioners: Namdev Parnji Herle and Dilipkumar Machhindra Ingavale (Criminal Writ Petition No.372 of 2020).
  • Respondents: M/s. Rajarambapu Patil Shahakari Dudh Sangh, Marya. Islampur, Midc And Anr.; the State (represented by Dr. Ashvini A. Takalkar, A.P.P.).
  • Petition filed in 2020 seeking relief against an order issuing process; the petitioners alleged the order was improper.
  • Advocate for petitioners on record: Mr. Mehul Thakker, later indicated to have handed the file to Ms. Shailaja Chavan.
  • Respondent No.1’s counsel, Mr. Amol Patil, contended that the petition is not maintainable because a criminal revision application should be filed before the Sessions Court, not as a writ petition.
  • The State’s A.P.P., Dr. Ashvini A. Takalkar, endorsed the respondent’s submission.
  • On 5 October 2026, the Court noted the petitioners and their advocate were absent, recorded the respondent’s arguments, and listed the matter for disposal on 12 October 2026 to give petitioners another opportunity.
  • On 12 October 2026, the petitioners again failed to appear physically or via video‑conferencing, and their advocate remained absent.
  • The Court, having exhausted the opportunity to allow the petitioners to be heard, accepted the respondent’s request for dismissal.

Final Outcome

  • The Court dismissed Criminal Writ Petition No.372 of 2020 for non‑prosecution.
  • It observed that the correct remedy is a criminal revision before the Sessions Court and therefore ordered dismissal of the writ petition.

Topics: Legal Procedure, Court Order