Bombay High Court

SAFIQUE AHMED ASHIK ALI SHAIKHversusTHE STATE OF MAHARASHTRA

Decided: 4 March 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear or take steps to pursue the petition.

Summary

The petitioner filed a writ petition in the Bombay High Court but failed to appear for hearing after August 26, 2016 and did not take any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court considered whether the petition could continue despite the lack of prosecution. Relying on the principle that a petition must be actively pursued, the court held that the failure to appear and act constitutes non‑prosecution. The petition was therefore dismissed. No substantive merits of the petition were examined.

Issues considered

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

Subjects

writ petition
non‑prosecution
dismissal
high court
criminal appellate jurisdiction

Judgment

ssm 24-wp2015.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 2015 OF 2015

Safique Ahmed Ashik Ali Shaikh …..Petitioner

Vs.

The State Of Maharashtra & Ors. …..Respondents

____________________________________

None for the Petitioner.
Smt. Ranjana D. Humane 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 26 th August, 2016, 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: 1/1
2026.03.06
18:50:56 +0530

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