Bombay High Court
ASHISH JITENDRAKUMAR BAFNAversusDAX VANBUERLE AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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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