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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