Bombay High Court

KANCHAN (SARAH SAYED) KHUSHWAHAversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 18 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner filed a writ petition on 22 February 2018 in the Bombay High Court. The petitioner and her counsel failed to appear for the hearing and did not take any steps to advance the petition. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non-prosecution. No substantive merits of the petition were considered.

Issues considered

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

Subjects

writ petition
non-prosecution
dismissal
court procedure
high court

Judgment

DTG                                                               296-WP-2253-2018.doc



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                        CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 2253 OF 2018

Kanchan (Sarah Sayed) Khushwaha                               …Petitioner
         V/s.
The State Of Maharashtra & Ors.                               … Respondents
                _______________________________________


None for Petitioner.
Mr. Vinod Chate, A.P.P. for Respondent-State.
                 _______________________________________

                              CORAM : A. S. GADKARI AND
                                      KAMAL KHATA, JJ.
                              DATE  : 18th April 2026

P.C. :


1)               None for Petitioner when called out for hearing.

2)               Record indicates that, since the date of filing of the Petition i.e.

22nd February 2018 the Petitioner and/or her 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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