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Bombay High Court

RAISA ASIF SHAH AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution as the petitioners failed to appear or take steps to pursue the petition.

Summary

The petitioners filed a writ petition on 7 December 2020 seeking relief against the State of Maharashtra. No petitioners appeared when called for hearing, and the record shows they made no effort to circulate the petition at any time. The court observed that the petitioners appeared uninterested in pursuing the matter. Consequently, the petition was dismissed on the ground of non‑prosecution. The dismissal reflects the court’s stance that a petition cannot proceed when the petitioners fail to actively pursue it.

Subjects

  • Writ Petition
  • Dismissal
  • Non‑prosecution
  • Procedural default

Judgment

                 ssm                                                      94-wp1279.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                  CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 1279 OF 2021

            Raisa Asif Shah & Anr.                                        …..Petitioners

                     Vs.

            State Of Maharashtra & Ors.                                   …..Respondents

                                 ____________________________________

            None for the Petitioners.
            Shri. Ajay Patil APP, for the Respondent-State.
                               ____________________________________

                                                CORAM :      A. S. GADKARI AND
                                                             KAMAL KHATA, JJ.
                                                  DATE :     29th AUGUST, 2026.


            P.C.:-

            1)              None for Petitioners when called out for hearing.

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

            7th December, 2020, neither the Petitioners nor their Advocates have taken

            any steps to circulate the Petition, even once.

            2.1)            It appears that, the Petitioners are 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
          17:01:02 +0530


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