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Bombay High Court

PURSHOTTAM BHASKAR MHATREversusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear and take any steps to advance the case.

Summary

The petitioner, Purshottam Bhaskar Mhatre, filed a writ petition on 4 April 2019 in the Bombay High Court. No appearance was made by the petitioner or his counsel when the matter was called for hearing. The court observed that since filing, the petitioner had taken no steps to circulate or pursue the petition. It was inferred that the petitioner was not interested in continuing the proceedings. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal was ordered without any further hearing.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear or take steps to pursue a filed writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • court procedure

Judgment

DTG                                                            216-wp.2079.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 2079 OF 2019

Purshottam Bhaskar Mhatre                                    … Petitioner
         V/s.
The State of Maharashtra & Anr.                              … Respondents
                    _______________________________________

None for Petitioner.

Mr. Ashish I. Satpute, A.P.P. for Respondent-State.
                 _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 17th June 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.

4th April 2019, neither the Petitioner nor his Advocate has taken any steps to

circulate the Petition, even 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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