Bombay High Court

SURENDRA RATHODversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 9 March 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 14 March 2016 in the Bombay High Court. No appearance was made by the petitioner or his counsel when the matter was called for hearing. The record shows that the petitioner made no effort to circulate the petition thereafter, indicating a lack of interest in pursuing the case. The Court observed this inaction and concluded that the petition was effectively abandoned. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

What is the appropriate course of action when a petitioner fails to appear or take steps to pursue a writ petition?

Subjects

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

Judgment

                      KSG                                                            22-WP-1108-2016.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 1108 OF 2016

                      Surendra Rathod                                              … Petitioner
                               V/s.
                      State of Maharashtra & Anr                                   … Respondents
                                          _______________________________________

                      None for the Petitioner.
                      Ms. M.H. Mhatre, A.P.P. for Respondent No.1-State.
                                      _______________________________________

                                                   CORAM : A. S. GADKARI AND
                                                           KAMAL KHATA, JJ.
                                                   DATE  : 9th MARCH 2026

                      P.C. :

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

                      2)              Record indicates that, since the date of filing of the Petition i.e.

 KIRAN
 SANJAY               14th March 2016, the Petitioner and/or his Advocate has not taken any steps
 GHUGE
Digitally signed by
KIRAN SANJAY
GHUGE
Date: 2026.03.17
11:05:35 +0530        to circulate the Petition, even for 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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