Umesh Khemchand Gandhi and Ors. vs State of Maharashtra and Ors. — Bombay HC (2026) — LawSathi Research

Umesh Khemchand Gandhi and Ors. vs State of Maharashtra and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Petition, listed under the caption 'for dismissal', should be dismissed for non-prosecution given the repeated absence of the Petitioners and their Advocate despite the opportunities afforded by this Court.

Court's answer

This Court dismissed the Criminal Writ Petition for non-prosecution, the Petitioners and their Advocate having failed to appear on 16th February, 2026 and again on the present date despite the matter being expressly relisted under the caption 'For Dismissal' to afford them a further opportunity.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Criminal Appellate Jurisdiction), Writ Petition No.4962 of 2025 — Umesh Khemchand Gandhi and Ors. v. State of Maharashtra and Anr. — decided by Ashwin D. Bhobe, J., on 6th April 2026. The Petition stood listed under the caption 'for dismissal'. By an earlier order dated 16th February, 2026 this Court had recorded that the names of the Petitioners and of their Advocate on record (Mr. Zeeshan Siddique, as shown on the file) were called out but none appeared physically or by Video Conferencing; the Court then directed the learned APP to verify the status of any investigation/proceedings before the Trial Court and relisted the matter for 6th April, 2026 under the caption 'For Dismissal'. On the present date too, neither the Petitioners nor their Advocate appeared despite being called out. The learned APP, Ms. Pallavi Dabholkar, submitted that the repeated absence indicated the Petitioners were not interested in pursuing the Petition and pressed for dismissal. Acting thereon, this Court dismissed the Criminal Writ Petition for non-prosecution. The operative dismissal sentence prints 'Criminal Writ Petition No.5388 of 2025' against the cover-page number No.4962 of 2025 — an apparent typographical inconsistency reproduced as printed. This is a purely procedural dismissal order; no merits, statutes or precedents are addressed.

25-WP-4962-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.4962 OF 2025

Umesh Khemchand Gandhi And Ors … Petitioners

SHARADA RANGNATH WAHULE

Digitally signed bySHARADA RANGNATH WAHULE Date: 2026.04.10 19:46:19 +0530

V/s.

State Of Maharashtra And Anr. … Respondents

None for the Petitioners.

Ms. Pallavi Dabholkar, APP for Respondent No.1-State.

CORAM : ASHWIN D. BHOBE, J. DATED : 6^th April 2026

P.C.:

This Petition is listed on today’s board at Serial No.25 under the caption “for dismissal”.

This Petition was called out, as also the names of the Petitioners

and the Advocate on record were called out by the Sheristedar. Neither the Petitioners nor the Advocate of the Petitioners are present in Court physically or through V.C. Mode.

On 16^th February, 2026 the following order was passed by this Court:-

When this matter was called out today, names of the Petitioners as well as name of their Advocate shown on the file(i.e. Mr. Zeeshan Siddique) were called by the Sheristedar in the open Court. Despite calling their names,

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Sharada

25-WP-4962-2025.doc

none appeared, either physically or through Video Conferencing Mode.

Ms. Pallavi Dabholkar, learned APP for the State/Respondent to verify the status of the investigation/proceedings, if any, before the Trial Court.

To afford an opportunity to the Petitioners/Advocate for the Petitioners to appear before this Court, list the matter on 6^th April, 2026 under the caption “For Dismissal”.

Ms. Pallavi Dabholkar, learned APP for the State, submits that the absence of the Petitioners and their Advocate on 16^th February, 2026 and today indicates that the Petitioners are not interested in pursuing the Petition. She therefore, insist on dismissal of the Petition.

In view of the above, Criminal Writ Petition No.5388 of 2025 is dismissed for non prosecution.

( ASHWIN D. BHOBE, J.)

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Sharada