Bombay High Court

BHAIRULAL HIRALALJI CHOWDHARIversusTHE STATE OF MAHARASHTRA AND ANR.

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, Bhairulal Hiralalji Chowdhari, filed a writ petition on 5 June 2018 in the High Court of Bombay. The petitioner failed to appear for the hearing and, according to the record, neither he nor his counsel took any steps to advance the petition. The court observed that the petitioner appeared uninterested in pursuing the relief sought. On this basis, the court considered whether the petition could continue despite the lack of prosecution. Concluding that the petitioner’s inaction amounted to abandonment, the court dismissed the petition for non‑prosecution.

Issues considered

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

Subjects

writ petition
non‑prosecution
dismissal
criminal appellate jurisdiction
court procedure

Judgment

DTG                                                              302-WP-2417-2018.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 2417 OF 2018

Bhairulal Hiralalji Chowdhari                          …Petitioner
         V/s.
The State Of Maharashtra & Anr.                        … Respondents
                _______________________________________
None for Petitioner.
Smt. P.P. Shinde, 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.

5th June 2018, the 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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