Bombay High Court

NAZEER S/O HAMID KHANversusTHE 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, Nazeer, filed a writ petition on 13 March 2019 in the Bombay High Court seeking relief against the State of Maharashtra and others. No appearance was made by the petitioner or his counsel at any subsequent hearing. The court noted that the petitioner made no effort to circulate or pursue the petition after filing. It was observed that the petitioner appeared disinterested in continuing the proceedings. Consequently, the court dismissed the petition on the ground of non‑prosecution, concluding that the petition could not be entertained further.

Issues considered

What is the appropriate course of action when a petitioner fails to appear or take steps to pursue a filed writ petition?

Subjects

writ petition
non‑prosecution
dismissal
High Court
criminal appellate jurisdiction

Judgment

DTG                                                            179-Wp.1402.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1402 OF 2019

Nazeer S/o. Hamid 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  : 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.

13th March 2019, 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. )


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