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Bombay High Court

ASHISH JITENDRAKUMAR BAFNAversusDAX VANBUERLE AND ANR

Decided
Disposal
Disposed Off

Holding

The Court held that the petition must be dismissed for non‑prosecution as the petitioner failed to take any steps to pursue the petition after 8 March 2018.

Summary

The petitioners, Dax Vanbuerle & Anr., filed a writ petition (No. 4058 of 2016) before the Bombay High Court seeking relief against the State of Maharashtra. The record showed that after 8 March 2018, neither the petitioners nor their counsel took any steps to advance the petition, including circulating it for admission. The Court observed that this inactivity indicated a lack of interest on the part of the petitioners in pursuing the matter. Consequently, the Court concluded that the petition and the related interim and criminal applications could not be entertained. The petition and applications were therefore dismissed for non‑prosecution.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner's failure to take any steps to pursue the petition after 8 March 2018

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

                              H. C. Shiv                                                  59.w4058.16.doc



                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION
                                                    WRIT PETITION NO.4058 OF 2016
                              Dax Vanbuerle & Anr.                            .. Petitioners
                                    vs.
                              The State of Maharashtra                        .. Respondent
                                                                 WITH
                                                  INTERIM APPLICATION NO.4774 OF 2023
                                                                 WITH
                                                  CRIMINAL APPLICATION NO.48 OF 2016
                                                                  IN
                                                     WRIT PETITION NO.4058 OF 2016
                              Ashishkumar J. Baphana                          .. Applicant
                                    vs.
                              Dax Vanbuerle & Anr.                            .. Respondents

                              None for the Petitioner.
                              Mr. S. V. Gavand APP for the Respondent-State.

                                                               CORAM: A. S. GADKARI AND
                                                                      SHYAM C. CHANDAK, JJ.
                                                               DATE    : 9th FEBRUARY, 2024
                              P. C.:-

                              1)             Record indicates that, after 8th March 2018, the Advocate for the

                              Petitioners and/or the Advocate for Petitioners have not taken any efforts

                              even to circulate the Petition for admission.

                                             It appears that, the Petitioner is not interested in pursuing

                              present Petition.

                              2)             In view thereof, Petition and Applications dismissed for non-

           Digitally signed   prosecution.
           by HEMANT
           CHANDERSEN
HEMANT     SHIV
CHANDERSEN
SHIV       Date:
           2024.02.15
           05:32:17
           +0530
                                   (SHYAM C. CHANDAK,J.)                             (A. S. GADKARI, J.)

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