Bombay High Court

LATA MOTIRAM MADHAVI@LATA ROHIDAS KANHATversusTHE STATE OF MAHARASHTRA

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

Holding

A petition that remains unattended and for which the petitioner shows no intention to prosecute must be dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 13 March 2019 in the Bombay High Court seeking relief against the State of Maharashtra. No petitioner or counsel appeared when the matter was called for hearing, and the record shows that the petitioner made no effort to circulate or pursue the petition at any time. The court inferred that the petitioner was not interested in continuing the proceedings. Consequently, the court dismissed the petition on the ground of non‑prosecution. With the petition disposed, the pending criminal application (App. No. 248 of 2019) was also terminated.

Issues considered

Whether a writ petition should be dismissed for non‑prosecution when the petitioner fails to appear and takes no steps to advance the case

Subjects

writ petition
non‑prosecution
dismissal
criminal appellate jurisdiction
court procedure

Judgment

DTG                                                           178-Wp1369.2019.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                    WRIT PETITION NO. 1369 OF 2019
                                 WITH
              CRIMINAL APPLICATION (APPW) NO. 248 OF 2019

Lata Motiram Madhavi@Lata
Rohidas Kanhat                                         … Petitioner
       V/s.
The State of Maharashtra                               … Respondent
                    _______________________________________
None for Petitioner.
Ms. Sonali R. Chavan i/b Dr. Uday P. Warunjikar for Applicant in APPW.
Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                    _______________________________________

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

1)           None for the Petitioner when called out for hearing.

2)           Record indicates that, since the date of filing of the Petition i.e. 13 th

March 2019, 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)           Petition is dismissed for non-prosecution.

4)           In view of disposal of Petition, Criminal Application No. 248 of

2019 pending therein, does not survive and is accordingly disposed off.



             ( KAMAL KHATA, J. )                     ( A.S. GADKARI, J. )

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