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Bombay High Court

DILIPKUMAR SHESHMAL JAINversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 15 December 2020 but failed to appear for the hearing and did not take any steps to circulate the petition thereafter. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

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

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • court procedure

Judgment

                 ssm                                                       104-wp1403.2021.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 1403 OF 2021

            Dilipkumar Sheshmal Jain                                       …..Petitioner

                       Vs.

            The State Of Maharashtra & Ors.                                …..Respondents

                                  ____________________________________

            None for the Petitioner.
            Smt. P.P. Shinde 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, since the date of filing of the Petition i.e.

            15th 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
          17:01:08 +0530


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