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Bombay High Court

PREM C SOMANIversusABAHA SHUKLA AND ANR.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Prem C. Somani, filed a writ petition but failed to appear for the hearing and did not take any steps to circulate the petition after 17 January 2025. The court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the court dismissed the petition on the ground of non‑prosecution. No substantive merits of the petition were considered. The dismissal was entered by the two judges of the Bombay High Court.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear and does not pursue a writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • court procedure

Judgment

DTG                                                          200-Wp.1559.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1559 OF 2019

Prem C. Somani                                             … Petitioner
         V/s.
Abha Shukla & Anr.                                         … Respondents
                   _______________________________________

None for Petitioner.

Smt. Madhavi H. Mhatre, 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, after 17th January 2025, 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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