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Bombay High Court

MADHUMITA PODDAR SAHAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Madhumita Poddar Saha, filed a writ petition on 9 December 2020 in the Bombay High Court seeking relief against the State of Maharashtra. No appearance was made by the petitioner or her counsel at the hearing, and the record shows that the petition was never circulated or pursued after filing. The court observed that the petitioner appeared disinterested in continuing the proceedings. The central issue was whether the petition could be dismissed for non‑prosecution. The judges held that, given the petitioner’s failure to act or appear, the petition must be dismissed for non‑prosecution. Consequently, the petition was dismissed.

Issues considered

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

Subjects

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

Judgment

                 ssm                                                     71-wp1068.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 1068 OF 2021

            Madhumita Poddar Saha                                        …..Petitioner

                     Vs.

            The State Of Maharashtra                                     …..Respondent

                                ____________________________________

            None for the Petitioner.
            Shri. S. V. Gavand 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, since the date of filing of the Petition i.e.

            9th December, 2020, 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
          17:01:05 +0530


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