2023 (3) TMI 490 - HC - Indian Laws

Seeking grant of bail - Petition is listed under the caption For Dismissal - HELD THAT - The perusal of the Farad sheet shows that the Petitioner has not appeared in the matter after the order has been passed regarding bail. But considering that prayer regarding grant of bail is sought in the Civil Writ Petition, the judgment of Division Bench of this court in the case of NAGPUR CABLE OPERATORS' ASSOCIATION VERSUS COMMISSIONER OF POLICE, NAGPUR AND ORS. 1995 (8) TMI 342 - BOMBAY HIGH COURT will have to be noted. The Division Bench expounded the law as to in which circumstances criminal writ petition should be filed and in which circumstances civil writ petition needs be filed. The Division Bench has observed that if the writ petition/application under Articles 226 and/or 227 of the Constitution arises out or relates to a proceeding in which, if carried to its conclusion ultimately it may result in sentence of death or by way of imprisonment, fine or forfeiture of the property then such writ petition/application under Article 226 of the Constitution of India and / or under Article 227 of the Constitution, should be treated as a criminal writ petition and styled as such. Writ Petition is dismissed.

Summary

Issues:
1. Appearance of the Petitioner in court proceedings.
2. Classification of writ petitions as criminal or civil.
3. Dismissal of the Writ Petition due to lack of appearance.

Analysis:
1. The judgment begins with noting the absence of the Petitioner in court on two consecutive occasions. The court adjourned the matter, warning that if the Petitioner fails to appear again, it will be presumed that the Petitioner has lost interest in pursuing the case, leading to appropriate orders being passed.

2. The court then delves into the classification of writ petitions, specifically distinguishing between criminal and civil writ petitions. Referring to a previous Division Bench judgment, the court highlights the circumstances under which a criminal writ petition should be filed, emphasizing cases that may result in a sentence of death, imprisonment, fine, or forfeiture of property. The court underscores the need for proper classification based on potential outcomes, directing such petitions to the relevant bench for consideration.

3. Despite the legal nuances discussed, the judgment ultimately dismisses the Writ Petition due to the continued absence of the Petitioner, in line with the previous order issued when the Petitioner failed to appear earlier. The lack of representation leads to the conclusion that the Petitioner has lost interest in pursuing the case, resulting in the dismissal of the petition.

This comprehensive analysis of the judgment highlights the court's focus on the Petitioner's appearance, the classification of writ petitions, and the consequential dismissal due to non-appearance, providing a detailed insight into the legal reasoning and procedural aspects considered by the court in rendering its decision.