Bombay High Court

VILAS SURYAKANT MAYEKARversusTHE STATE OF MAHARASHTRA AND ORS

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

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 noted the petitioner's absence and lack of any action to advance the petition. It was observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court applied the principle of non-prosecution, which allows dismissal when a petitioner does not prosecute the petition. The petition was therefore dismissed for non-prosecution. No substantive merits of the petition were examined.

Issues considered

Whether a writ petition may be dismissed for non-prosecution when the petitioner is absent and fails to take steps to advance the petition

Subjects

non‑prosecution
petition dismissal
court procedure
absence of petitioner
writ petition

Judgment

DTG                                                            172-wp-1361-2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1361 OF 2019

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

Petitioner in person is not present.

Mr. Ashish I. Satpute, 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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