Bombay High Court

AZAM ASLAM BUTTversusTHE STATE OF MAHARASHTRA

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition was dismissed for non‑prosecution as the petitioner showed no interest in pursuing the relief.

Summary

Azam Aslam Butt filed a writ petition (No. 2427 of 2019) in the Bombay High Court on 24 April 2019. 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 after filing. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court held that the petition could not be entertained for lack of prosecution. The petition was dismissed and the accompanying criminal application (No. 293 of 2019) was also disposed of.

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
criminal appellate jurisdiction
high court

Judgment

DTG                                                         234-Wp.2427.2019.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                   WRIT PETITION NO. 2427 OF 2019
                               WITH
             CRIMINAL APPLICATION (APPW) NO.293 OF 2019

Azam Aslam Butt                                   … Petitioner
      V/s.
The State of Maharashtra                          … Respondents
               _______________________________________

None for Petitioner.
Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                  _______________________________________

                          CORAM : A. S. GADKARI AND
                                  KAMAL KHATA, JJ.
                          DATE  : 17th June 2026
P.C. :

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

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

24th April 2019, neither the Petitioner nor his Advocate has taken any steps to

circulate the Petition, even once.

2.1)         It appears that, the Petitioner is not interested in pursuing the

Petition.

3)           Petition is dismissed for non-prosecution.

4)           In view of disposal of Petition, Criminal Application No. 293 of

2019 pending therein, does not survive and is accordingly disposed off.



             ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )

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