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Bombay High Court

VAISHALI SURESHSINGH RAJPUT ALIAS VAISHALI KAPIL VITKARversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Vaishali Sureshsingh Rajput, filed a writ petition in the Bombay High Court. The petitioner failed to appear for the hearing and, after 26 April 2022, neither she nor her counsel took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the petition. On this basis, the court considered whether the petition should continue despite the lack of prosecution. Finding no justification for continuation, the court dismissed the petition for non‑prosecution. The dismissal was entered without any further orders.

Issues considered

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

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • court procedure

Judgment

                 ssm                                                   90-wp1216.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 1216 OF 2021

            Vaishali Sureshsingh Rajput
            Alias Vaishali Kapil Vitkar                                …..Petitioner

                     Vs.

            State Of Maharashtra & Ors.                                …..Respondents

                                ____________________________________

            None for the Petitioner.
            Shri. J.P. Yagnik 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 26th April, 2022, 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.)
          Digitally signed
                                                                 (A.S. GADKARI, J.)
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                         1/1
MASHALKAR Date:
          2026.09.07
          17:01:04 +0530


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