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Bombay High Court

DHANPATSINGH AMARCHAND HINGARHversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Dhanpatsingh Amarchand Hingarh, filed a writ petition in the Bombay High Court but failed to appear for the hearing. The record shows that after 21 December 2020, neither the petitioner nor his counsel took any steps to circulate the petition. The court inferred that the petitioner was not interested in pursuing the relief sought. Consequently, the court considered whether the petition could be dismissed for non-prosecution. Applying the principle that a petition must be actively pursued, the court dismissed the petition for non-prosecution. The dismissal was entered without any further hearing.

Issues considered

  • Whether a writ petition may be dismissed for non-prosecution when the petitioner fails to appear and take steps to pursue the petition.

Subjects

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

Judgment

                 ssm                                                     101-wp1376.2021.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 1376 OF 2021

            Dhanpatsingh Amarchand Hingarh                               …..Petitioner

                       Vs.

            The State Of Maharashtra                                     …..Respondent

                                  ____________________________________

            None for the Petitioner.
            Shri. Ashish I. Satpute 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 21st December, 2020, neither the

            Petitioner nor his 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
          17:01:02 +0530


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