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Bombay High Court

P. J. VERGHESE AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a criminal writ petition but failed to appear for hearing and did not take any steps to circulate the petition after November 20, 2013. The court observed that the petitioners appeared uninterested in pursuing the petition. Consequently, the petition was dismissed for non-prosecution. No substantive merits of the petition were considered. The dismissal was based solely on procedural non‑compliance.

Issues considered

  • What is the appropriate consequence when petitioners fail to appear and do not pursue a criminal writ petition?

Subjects

  • criminal writ petition
  • non‑prosecution
  • dismissal
  • procedural default
  • court procedure

Judgment

WAKLE
MANOJ
JANARDHAN                    Manoj                                             54-WP-2232-2013.doc
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.01.17
10:08:42 +0530
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL WRIT PETITION NO.2232 OF 2013

                      P. J. Verghese & Ors.                                 …..Petitioners
                              Vs.
                      The State of Maharashtra & Ors.                       …..Respondents
                                       __________________________________________

                      None for the Petitioners.
                      Mr. Vinod Chate, APP for the Respondent-State.
                                    __________________________________________

                                                        CORAM :        A. S. GADKARI AND
                                                                       SHYAM C. CHANDAK, JJ.
                                                           DATE :      13th JANUARY, 2026.

                      P.C.:-

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

                      2)              Record indicates that, after 20th November 2013, Petitioners

                      and/or their Advocate have not taken any steps to circulate the Petition,

                      even for once.

                      2.1)            It appears that, the Petitioners are not interested in pursuing

                      the Petition.

                      3)              Dismissed for non-prosecution.



                                (SHYAM C. CHANDAK, J.)                     (A.S. GADKARI, J.)




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