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Bombay High Court

MINEE BHISEversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution.

Summary

The petitioner, Minee Bhise, filed a writ petition in the Bombay High Court but failed to appear for the hearing. The record shows that after July 11, 2017, neither the petitioner nor his counsel took any steps to advance the petition. The court noted the petitioner's apparent lack of interest in pursuing the matter. The issue before the court was whether the petition could be dismissed for non-prosecution. Relying on procedural rules that require active prosecution of a petition, the court dismissed the writ for non-prosecution. The petition was therefore disposed of without any substantive adjudication on the merits.

Issues considered

  • Whether a writ petition may be dismissed for non-prosecution when the petitioner fails to appear or take steps to advance the petition

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • procedural default
  • high court

Judgment

     pmk                                                   33-WP-2252-2017.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.2252 OF 2017

Minee Bhise                                           … Petitioner

         V/s.

The State of Maharashtra & Ors.                       … Respondents



None for Petitioner.
Mr. J.P. Yagnik, APP for the Respondent-State.


                                   CORAM :       A. S. GADKARI AND
                                                 KAMAL KHATA, JJ.
                                     DATE :      8th April, 2026.

P.C.:-

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

2)              Record indicates that, after 11th July, 2017, 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.)




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