Bombay High Court

ABDUL NAYEEM KAYYUM KHANversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 18 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Abdul Nayeem Kayyum Khan, filed a writ petition on 16 March 2018 in the Bombay High Court seeking relief against the State of Maharashtra. No counsel appeared for the petitioner at the hearing scheduled on 18 April 2026, and the court record shows that neither the petitioner nor his advocate took any steps to circulate or pursue the petition since its filing. The court observed that the petitioner appeared uninterested in continuing the proceedings. Consequently, the judges considered whether the petition could be dismissed for lack of prosecution. Finding that the petitioner had failed to advance the case, the court dismissed the petition for non‑prosecution. The dismissal was entered without any substantive examination of the merits.

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
dismissal
criminal appellate jurisdiction
Bombay High Court

Judgment

DTG                                                              258-WP-1328-2018.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1328 OF 2018

Abdul Nayeem Kayyum Khan                                     …Petitioner
         V/s.
The State Of Maharashtra & Ors.                              … Respondents
            _______________________________________


None for Petitioner.
Smt. P.P. Shinde, A.P.P. for Respondent-State.
                  _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 18th April 2026

P.C. :


1)              None for Petitioner when called out for hearing.

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

16th March 2018, the Petitioner and/or his Advocate has not taken any steps

to circulate the Petition, even for 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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