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Bombay High Court

LALITA CHUNNILAL NAYAKversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Lalita Chunnilal Nayak, filed a writ petition but failed to appear for hearing and did not take any steps to circulate the petition after July 30, 2018. The court noted the petitioner's apparent lack of interest in pursuing the petition. Consequently, the court considered whether the petition could be dismissed for non‑prosecution. Finding that the petitioner had not acted to advance the petition, the court dismissed the petition for non‑prosecution. No substantive merits of the petition were examined. The dismissal was entered by the judges A.S. Gadkari and Kamal Khata.

Issues considered

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

Subjects

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

Judgment

     pmk                                                   33-WP-1671-2018.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.1671 OF 2018

Lalita Chunnilal Nayak                                      … Petitioner

         V/s.

The State of Maharashtra & Ors.                             … Respondents



None for the Petitioner.
Ms. Madhavi H. Mhatre, APP for the Respondent-State.


                                   CORAM :  A. S. GADKARI AND
                                            KAMAL KHATA, JJ.
                                     DATE : 12th June, 2026

P.C.:-

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

2)              Record indicates that, after 30 th July, 2018, neither the

Petitioner nor her 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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