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Bombay High Court

MAKKABIBI EBRAHEEM KHAN @ RABIYA EBRAHIM KHAN AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a writ petition in the Bombay High Court challenging a decision of the State of Maharashtra. The petitioners failed to appear for the hearing and, after January 7, 2022, did not take any steps to circulate the petition. The court observed that the petitioners appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non-prosecution. No substantive merits of the petition were considered.

Issues considered

  • What is the appropriate course of action when petitioners fail to appear and do not pursue a writ petition?

Subjects

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

Judgment

                 ssm                                                    108-wp1508.2021.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 1508 OF 2021

            Makkabibi Ebraheem Khan
            @ Rabiya Ebrahim Khan & Ors.                                 …..Petitioners

                       Vs.

            The State Of Maharashtra & Anr.                              …..Respondents

                                  ____________________________________

            None for the Petitioners.
            Smt. Madhavi H. Mhatre APP, for the Respondent-State.
                              ____________________________________

                                               CORAM :        A. S. GADKARI AND
                                                              KAMAL KHATA, JJ.
                                                  DATE :      29th AUGUST, 2026.


            P.C.:-

            1)               None for Petitioners when called out for hearing.

            2)               Record indicates that, after 7th January, 2022, neither the

            Petitioners nor their Advocates have taken any steps to circulate the

            Petition, even once.

            2.1)             It appears that, the Petitioners are 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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