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Bombay High Court

BHAVNA HITESH PATELversusP. HARINATH BABU AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition in the Bombay High Court, but after July 20, 2018 neither the petitioner nor his advocate took any steps to advance the petition. The court noted that the petitioner appeared uninterested in pursuing the matter. Consequently, the court considered whether the petition could continue without any action by the petitioner. Finding no prosecution of the petition, the court dismissed it for non‑prosecution. The dismissal was ordered by the two judges hearing the case.

Issues considered

  • Whether a writ petition should be dismissed for non‑prosecution when the petitioner fails to take any steps to pursue it.

Subjects

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

Judgment

                      KSG                                                          31-WP-1935-2016.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.1935 OF 2016

                      Bhavna Hitesh Patel                                         … Petitioner
                               V/s.
                      P. Harinath Babu & Ors                                      … Respondents
                                          _______________________________________

                      None for the Petitioner.
                      Ms. M.H. Mhatre, A.P.P. for Respondent-State.
                                      _______________________________________

                                                  CORAM : A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                  DATE  : 9th MARCH 2026

                      P.C. :

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

                      2)              Record indicates that, after 20th July 2018, Petitioner and/or his

 KIRAN
 SANJAY               Advocate has not taken any steps to circulate the Petition, even for once.
 GHUGE
Digitally signed by
KIRAN SANJAY
GHUGE
Date: 2026.03.17
11:05:33 +0530        2.1)            It appears that, the Petitioner is not interested in pursing the

                      Petition.

                      3)              Dismissed for non-prosecution.




                                      ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )




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