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Bombay High Court

USHAKIRAN HIRENDRA SINGHversusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear or act.

Summary

The petitioner, Chandan Chittaranjan Sharma, filed a writ petition on 27 March 2019 in the Bombay High Court. Neither the petitioner nor his counsel appeared for the hearing nor took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution. The related criminal application pending in the same proceedings was also disposed of as it did not survive the dismissal of the petition.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear or take steps to pursue a writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • failure to appear

Judgment

DTG                                                         204-Wp.1657.2019.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                   WRIT PETITION NO. 1657 OF 2019
                               WITH
             CRIMINAL APPLICATION (APPW) NO.443 OF 2019

Chandan Chittaranjan Sharma                        … Petitioner
      V/s.
The State of Maharashtra & Anr.                    … Respondents
                _______________________________________
None for Petitioner.

Smt. P.P. Shinde, A.P.P. for Respondent-State.
                  _______________________________________
                            CORAM : A. S. GADKARI AND
                                       KAMAL KHATA, JJ.
                            DATE     : 17th June 2026
P.C. :

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

2)           Record indicates that, since the date of filing of the Petition i.e.

27th March 2019, neither the Petitioner nor his Advocate has taken any steps

to circulate the Petition, even once.

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

Petition.

3)           Petition is dismissed for non-prosecution.

4)           In view of disposal of Petition, Criminal Application No. 443 of

2019 pending therein, does not survive and is accordingly disposed off.




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

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