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Bombay High Court

ANANDA ATMARAM TAMBE AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

The High Court of Bombay dismissed the writ petition filed by Samyak Welfare Association on the ground of non‑prosecution. The petitioner failed to appear for hearing and did not take any steps to circulate the petition after March 4, 2019, indicating a lack of interest in pursuing the matter. Consequently, the court held that the petition could not proceed. As a result, the accompanying criminal application (No. 131 of 2019) was also deemed to have no basis and was disposed of. The judgment was delivered by Justices A.S. Gadkari and Kamal Khata.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner's failure to pursue the case

Subjects

  • non-prosecution
  • writ petition
  • dismissal
  • high court
  • criminal appellate jurisdiction

Judgment

     pmk                                                   56-WP-2408-2018.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.2408 OF 2018

Samyak Welfare Association (Regd.)                          … Petitioner

         V/s.

The State of Maharashtra & Ors.                             … Respondents

                                       WITH

                    CRIMINAL APPLICATION NO.131 OF 2019

                                        IN

                        WRIT PETITION NO.2408 OF 2018



None for the Petitioner.
Mr. J.P. Yagnik, APP for the Respondent-State.
Mrs. Manisha Jagtap for Respondent No.3-CBI.


                                   CORAM :  A. S. GADKARI AND
                                            KAMAL KHATA, JJ.
                                     DATE : 12th June, 2026

P.C.:-

1)              None for Petitioner, when called out for hearing.

2)              Record indicates that, after 4th March, 2019, neither the

Petitioner nor his Advocate its taken any steps to circulate the Petition, even

once.

2.1)            It appears that, the Petitioner is not interested in pursuing the


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     pmk                                                 56-WP-2408-2018.doc

Petition.

3)             Dismissed for non-prosecution.

4)             In view of dismissal of the Petition, Criminal Application

No.131 of 2019, does not survive and is accordingly disposed off.



            (KAMAL KHATA, J.)                   (A.S. GADKARI, J.)




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