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Bombay High Court

MALLIGA MUTHUversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Malliga Muthu, filed a writ petition in the Bombay High Court but failed to appear for the hearing. The court noted that after 14 December 2021, neither the petitioner nor her counsel took any steps to circulate the petition. The record indicated a lack of interest on the part of the petitioner in pursuing the matter. Consequently, the court considered the petition to be abandoned. Applying the principle of non-prosecution, the judges dismissed the petition. The dismissal was recorded without any further directions.

Issues considered

  • Whether a writ petition can be dismissed on the ground of non-prosecution when the petitioner fails to appear and take steps to pursue the case

Subjects

  • non-prosecution
  • petition dismissal
  • high court
  • criminal appellate jurisdiction
  • procedural default

Judgment

                 ssm                                                   68-wp1036.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 1036 OF 2021

            Malliga Muthu                                              …..Petitioner

                     Vs.

            The State Of Maharashtra & Ors.                            …..Respondents

                                ____________________________________

            None for the Petitioner.
            Shri. Ajay Patil APP, for the Respondent-State.
                               ____________________________________

                                              CORAM :       A. S. GADKARI AND
                                                            KAMAL KHATA, JJ.
                                                DATE :      29th AUGUST, 2026.


            P.C.:-

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

            2)             Record indicates that, after 14th December 2021, neither the

            Petitioner nor her 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.)
          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                         1/1
MASHALKAR Date:
          2026.09.07
          17:01:06 +0530


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