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Bombay High Court

AKBAR MAJID KHANversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petition was filed on 11 January 2021 by Akbar Majid Khan seeking relief against the State of Maharashtra and others. The petitioner failed to appear for the hearing and neither he nor his counsel took any steps to circulate the petition after filing. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal was recorded by both judges of the Bombay High Court.

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
  • dismissal
  • non‑prosecution
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

                 ssm                                                     92-wp.1225.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 1225 OF 2021

            Akbar Majid Khan                                             …..Petitioner

                     Vs.

            State Of Maharashtra & Ors.                                  …..Respondents

                                ____________________________________

            None for the Petitioner.
            Smt. P.P. Shinde 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.

            11th January, 2021, 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.)


          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                            1/1
MASHALKAR Date:
          2026.09.07
          17:01:01 +0530


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