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Bombay High Court

VILAS SURYAKANT MAYEKARversusTHE STATE OF MAHARAHSTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 8 March 2019 but failed to appear at the hearing and did not take any steps to circulate the petition thereafter. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution. No substantive merits of the petition were examined. The dismissal was ordered by the two judges hearing the case.

Issues considered

  • The petitioner's failure to appear and to circulate the petition amounts to abandonment of the proceeding
  • Whether a writ petition may be dismissed for non‑prosecution under procedural law

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • procedural default
  • criminal appellate jurisdiction
  • absence of petitioner

Judgment

DTG                                                            156-Wp.1268.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1268 OF 2019

Vilas Suryakant Mayekar                                      … Petitioner
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

Petitioner in person is not present.

Mr. Vinod Chate, A.P.P. for Respondent-State.
                _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 17th June 2026

P.C. :

1)              Petitioner in person is absent when called out for hearing.

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

8th March 2019, the Petitioner has not 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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