Bombay High Court

IKHLAK ISMAIL MODAKversusTHE STATE OF MAHARASHTRA AND ORS.

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

Ikhlak Ismail Modak filed Writ Petition No. 105 of 2019 in the Bombay High Court. The petitioner failed to appear for the hearing and, after 3 March 2020, neither he nor his counsel took any steps to circulate the petition. The court noted that the petitioner appeared uninterested in pursuing the relief. Consequently, the bench held that the petition could be dismissed for non‑prosecution. The petition was therefore dismissed.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and does not take steps to pursue the petition

Subjects

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

Judgment

DTG                                                          56-wp105.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 105 OF 2019

Ikhlak Ismail Modak                                        … Petitioner
         V/s.
The State of Maharashtra & Ors.                            … Respondents
                   _______________________________________

None for Petitioner.

Mr. J.P. Yagnik, 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, after 3rd March 2020, 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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