Bombay High Court

J MOSES HARDINGversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 18 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non-prosecution due to the petitioner's failure to appear and take any action.

Summary

The petitioner filed a writ petition on 6 April 2018 in the Bombay High Court. The petitioner failed to appear for the hearing and neither he nor his counsel took any steps to advance the petition. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal was ordered by both judges of the bench.

Issues considered

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

Subjects

writ petition
non-prosecution
dismissal
criminal appellate jurisdiction
petitioner's non-appearance

Judgment

DTG                                                              276-WP-1722-2018.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1722 OF 2018

J. Moses Harding                                       …Petitioner
         V/s.
State Of Maharashtra & Ors.                            … Respondents
                _______________________________________


None for Petitioner.
Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State.
                 _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 18th April 2026

P.C. :


1)              None for Petitioner when called out for hearing.

2)              Record indicates that, since the date of filing of the Petition i.e.

6th April 2018, the Petitioner and/or his Advocate has not taken any steps to

circulate the Petition, even for 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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