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Bombay High Court

MOONIRAHMED MOHMMADSHIRIN PATHANversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Moonirahmed Mohmmadshirin Pathan, filed a writ petition in the Bombay High Court. After the filing, the petitioner and his counsel failed to appear for hearings and did not take any steps to circulate the petition after 31 January 2020. The court noted the petitioner’s lack of interest in pursuing the matter. Consequently, the judges dismissed the petition on the ground of non‑prosecution. No substantive merits of the petition were considered.

Issues considered

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

Subjects

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

Judgment

                DTG                                                                80-Wp-158-2020.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 158 OF 2020

                Moonirahmed Mohmmadshirin Pathan                                 … Petitioner
                               V/s.
                The State of Maharashtra & Ors.                                  … Respondents
                                         _______________________________________

                None for Petitioner.

                Mr. J.P. Yagnik, A.P.P. for Respondent-State.

                Mr. Ravindra Daundkar, ACP, Wagle Estate Division, Thane City, present.
                               _______________________________________

                                                  CORAM : A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                  DATE  : 31st July 2026

                P.C. :

                1)                    None for the Petitioner when called out for hearing.

                2)                    Record indicates that, after 31st January 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
DNYANESHWAR   DNYANESHWAR
TULSHIRAM
              TULSHIRAM
              GHUMNAR
                                                                                                        1/1
GHUMNAR       Date: 2026.08.06
              19:05:46 +0530


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