Bombay High Court

XYZversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: SARANG VIJAYKUMAR KOTWAL ASHISH SAHADEV CHAVAN

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition in the Bombay High Court seeking relief, but the court had not been able to serve notice to the respondents because spare copies of the notice were not supplied. The petitioner later withdrew his brief and gave no objection to another advocate filing a vakilpatra, yet no new representation was arranged and the petitioner did not appear before the court. Because of these procedural deficiencies and the lack of prosecution of the petition, the court dismissed the writ petition. The dismissal was based on the petitioner's failure to pursue the matter rather than on any substantive merit. No substantive issues on the merits were addressed.

Issues considered

What is the appropriate consequence when a petitioner fails to prosecute a writ petition and does not appear before the court?

Subjects

writ petition
non‑prosecution
procedural default
criminal appellate jurisdiction
Bombay High Court

Judgment

                                                         32-WP-2420-2026.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

                     WRIT PETITION NO. 2420 OF 2026
XYZ                                         … Petitioner
            Versus
The State of Maharashtra and Ors.                … Respondents
                            --------------------
Mr. Satyaram R. Gaud, for the Petitioner.

Ms. Supriya Kak, A.P.P., for the Respondent-State.
                             --------------------
                             CORAM : SARANG V. KOTWAL &
                                                ASHISH S. CHAVAN, JJ.

                                 DATE     :   17th JUNE, 2026.
P.C. :

1.        In this case, we had issued Notice to the Respondents vide the
Order dated 5th May, 2026. Till today, spare copies were not supplied
and therefore, Notice were not sent to the Respondents. Today, Mr.
Satyaram R. Gaud, learned Counsel appears before the Court and
informs that the Petitioner had taken away the brief from him and
has also taken his no objection for filing Vakilpatra of some other
Advocate. Till today, no other arrangement is made. Even the
Petitioner is not present. In this situation, Writ Petition No.2420 of
2026 is dismissed for non-prosecution.



(ASHISH S. CHAVAN, J.)                        (SARANG V. KOTWAL, J.)

Manisha                                                                 1/1

Continue reading with your account

Checking your session…