Bombay High Court
DIVYESH SUKHADIAversusTHE COMMISSIONER OF POLICE
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear and pursue the case.
Summary
The petitioner filed a writ petition in the Bombay High Court but failed to appear for the hearing and did not take any steps to circulate the petition after December 18, 2015. The court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the court dismissed the petition on the ground of non-prosecution. No substantive merits of the petition were examined. The dismissal was based solely on procedural non‑compliance by the petitioner.
Issues considered
- Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and does not take steps to advance the petition?
Subjects
- writ petition
- non‑prosecution
- dismissal
- procedural default
- criminal appellate jurisdiction
- Bombay High Court
Judgment
ssm 23-wp2003.2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2003 OF 2015
Divyesh Sukhadia …..Petitioner
Vs.
The Commissioner Of Police & Ors. …..Respondents
____________________________________
None for the Petitioner.
Mr. Ajay Patil APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 4th MARCH, 2026.
P.C.:-
1) None for Petitioner when called out for hearing.
2) Record indicates that, after 18th December, 2015, 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 SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.06
18:51:21 +0530
1/1
Checking your session…