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Bombay High Court

SHAHIDA F. BANDALIversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Shahida F. Bandali, filed a writ petition in the Bombay High Court. The petitioner failed to appear for the hearing and, after March 12, 2021, neither she nor her counsel took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal was recorded by both judges of the bench.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear and does not take steps to advance a writ petition?

Subjects

  • non-prosecution
  • petition dismissal
  • writ petition
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

                 ssm                                                   96-wp1311.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 1311 OF 2021

            Shahida F. Bandali                                         …..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 12th March, 2021, 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.)                         (A.S. GADKARI, J.)
          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                         1/1
MASHALKAR Date:
          2026.09.07
          17:01:04 +0530


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