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Bombay High Court

DEEPAK DADA KHATALversusTHE SENIOR INSPECTOR OF POLICE AND ANR.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The Bombay High Court dismissed a writ petition filed by Deepak Dada Khatal on 17 April 2018 because the petitioner failed to appear for the hearing and made no effort to pursue the petition thereafter. The court noted that the petitioner and his counsel did not circulate the petition even once, indicating a lack of interest in continuing the proceedings. Consequently, the court dismissed the petition on the ground of non-prosecution. No substantive legal arguments or evidence were considered as the petition was terminated for procedural default. The dismissal reflects the court's stance that a petitioner must actively pursue his remedy for it to proceed.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and does not take steps to pursue the petition

Subjects

  • Writ petition
  • Non‑prosecution
  • Dismissal
  • Failure to appear
  • Criminal appellate jurisdiction

Judgment

                         sbw                                                     287-wp-1874-2018.doc

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO.1874 OF 2018

                    Deepak Dada Khatal                                      … Petitioner

                             V/s.

                    The Senior Inspector of Police & Anr.                   … Respondents




                    None for the Petitioner.
                    Smt. Mankuwar M. Deshmukh, Acting PP, for the Respondent-State.


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

                    P.C.:-

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

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

                    17th 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.)


       Digitally
       signed by
       SANDHYA
                                                                                                        1/1
SANDHYA BHAGU
BHAGU   WADHWA
WADHWA Date:
       2026.04.23
       12:02:17
       +0530


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