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Bombay High Court

MAHFOOZ ISLAM MOHAMMAD KHANversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed for default due to the petitioner's non‑appearance.

Summary

The petitioner, Mahfooz Islam Mohammad Khan, filed a criminal writ petition in the Bombay High Court. No representative appeared for the petitioner either in person or via video conference. The Court had previously ordered that any objections be removed by 24 June 2026, failing which the petition would be dismissed. As the petitioner remained absent and no objections were raised, the Court, citing heavy rainfall and procedural defaults, postponed the hearing to 27 July 2026 and ultimately dismissed the petition for default. The dismissal was entered without any substantive consideration of the merits.

Subjects

  • default judgment
  • non‑appearance
  • criminal writ petition
  • procedural default
  • High Court of Bombay

Judgment

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

               CRIMINAL WRIT PETITION NO.1381 OF 2026
Mahfooz Islam Mohammad Khan                                   .. Petitioner
              Vs.
The State of Maharashtra and Ors.                             .. Respondents



None for the Petitioner.
Mr. Ajay S. Patil, APP for the Respondent-State of Maharashtra.



                        CORAM :           RAVINDRA V. GHUGE, ACJ. &
                                          GAUTAM A. ANKHAD, J.

                        DATE        :     27th July, 2026.

P.C. :



1.               None present for the Petitioner, either in the Court hall or

through the video conferencing mode.



2.               On 8th June, 2026 and 6th July, 2026, we had passed the

following orders:-

                            Order dated 8th June 2026
         “1.     None present for the Petitioner, either in the Court hall
                 or through the video conferencing mode.
         2.      Stand over to 6th July, 2026.
         3.      Office objections, if any, shall be removed, on or before
                 24th June, 2026, failing which, the Registry shall
                 dismiss this Petition without reference to the Court, on
                 25th June, 2026.”
                                        1/2
11-WP-1381-2026.odt                                                           Dixit
                                                  Order dated 6th July, 2026
                              “1.      On 8th June, 2026, we had passed the following order:
                                       “1.   None present for the Petitioner, either in the
                                             Court hall or through the video
                                             conferencing mode.
                                        2.   Stand over to 6th July, 2026.
                                        3.   Office objections, if any, shall be removed,
                                             on or before 24th June, 2026, failing which,
                                             the Registry shall dismiss this Petition
                                             without reference to the Court, on 25 th June,
                                             2026.”

                              2.       None present for the Petitioner, either in the Court hall
                                       or through the video conferencing mode. Since several
                                       areas in Mumbai, Thane, Raigad, Palghar and Pune
                                       are facing heavy rainfall, we are not passing any
                                       adverse order today.
                              3.       Stand over to 27th July, 2026, for passing order.”


                      3.               In view of the above and since none appears, this Petition is

                      dismissed for default.




                      [ GAUTAM A. ANKHAD, J. ]                      [ ACTING CHIEF JUSTICE ]




        Digitally
        signed by
SNEHA   SNEHA
        ABHAY DIXIT
                                                              2/2
ABHAY   Date:
                      11-WP-1381-2026.odt                                                          Dixit
DIXIT   2026.07.28
        16:47:53
        +0530


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