Bombay High Court

MOHAMMED NIHAL MOHD. MAQSOODversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution and the interim application is disposed as it does not survive.

Summary

The petitioner, Mohammed Nihal Mohd. Maqsood, filed a writ petition in the Bombay High Court but failed to appear for hearing and did not take any steps to circulate the petition after 13 October 2023. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution. As the petition was disposed of, the pending interim application (Stamp) No. 27 of 2021 was also deemed not to survive and was consequently disposed. The judgment was delivered by Justices A.S. Gadkari and Kamal Khata.

Issues considered

Whether the writ petition should be dismissed for non‑prosecution due to the petitioner's failure to appear and act.
Whether the pending interim application survives the disposal of the main petition.

Subjects

writ petition
non‑prosecution
disposal
interim application
Bombay High Court

Judgment

DTG                                                       219-Wp.2142.2019.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                    WRIT PETITION NO. 2142 OF 2019
                                WITH
              INTERIM APPLICATION (STAMP) NO.27 OF 2021

Mohammed Nihal Mohd. Maqsood                       … Petitioner
      V/s.
The State of Maharashtra & Ors.                    … Respondents
                _______________________________________
None for Petitioner.

Smt. Madhavi H. Mhatre, 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, after 13th October 2023, 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)          Petition is dismissed for non-prosecution.

4)          In view of disposal of Petition, Interim Application (ST.) No. 27

of 2021 pending therein, does not survive and is accordingly disposed off.



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

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