Bombay High Court

KRISHNAMURTHY SHIVA IYERversusSENIOR POLICE INSPECTOR AND ANR.

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 22 February 2019 but failed to appear for any hearing and made no effort to circulate the petition thereafter. The court noted the petitioner's apparent lack of interest in pursuing the matter. Consequently, the court considered whether the petition could continue without any prosecution by the petitioner. Finding that the petitioner had not taken any steps to advance the petition, the court dismissed it for non‑prosecution. The dismissal was entered by the two judges hearing the case.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear or take steps to pursue it

Subjects

writ petition
non-prosecution
petition dismissal
court procedure
civil contempt

Judgment

DTG                                                            140-Wp.1002.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1002 OF 2019

Krishnamurthy Shiva Iyer                               … Petitioner
         V/s.
Senior Police Inspector & Anr.                         … Respondents
                    _______________________________________

None for Petitioner.

Smt. Madhavi H. Mhatre, 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.

22nd February 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)              Dismissed for non-prosecution.




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


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