Bombay High Court

DURGAPRASAD RAMNIWAS PODDARversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 8 January 2019 in the Bombay High Court seeking relief against the State of Maharashtra. The petitioner failed to appear for the hearing and, according to the record, neither he nor his counsel took any steps to circulate the petition after filing. The court observed that the petitioner appeared disinterested in pursuing the matter. Consequently, the court considered whether the petition could be dismissed for non‑prosecution. Finding that the petitioner had not taken any action to advance the petition, the court dismissed the writ petition for non‑prosecution.

Issues considered

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

Subjects

writ petition
non-prosecution
petition dismissal
court procedure

Judgment

DTG                                                            57-wp126.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 126 OF 2019

Durgaprasad Ramniwas Poddar                                  … Petitioner
         V/s.
The State of Maharashtra & Anr.                              … Respondents
                    _______________________________________

None for Petitioner.

Smt. P.P. Shinde, 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, since the date of filing of the Petition i.e.

8th January 2019, 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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