Created by Fuzzy Cloud

Bombay High Court

SUDHIR VISHRAM BIRJEversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

Sudhir Vishram Birje filed a writ petition before the Bombay High Court challenging the actions of the State of Maharashtra and others. The petitioner failed to appear for the hearing and, after July 5, 2019, neither he nor his counsel took any steps to advance the petition. The court noted the petitioner's apparent lack of interest in pursuing the matter. Considering the absence of prosecution and the petitioner's inaction, the court dismissed the petition. The dismissal was entered on the basis that the petition was not being prosecuted.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear and does not prosecute a writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

                             sns                                                 33-WP-2457-2019.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.2457 OF 2019

                      Sudhir Vishram Birje                                          … Petitioner

                               V/s.

                      The State of Maharashtra & Ors.                               … Respondents



                      None for the Petitioner.
                      Smt. P. P. Shinde, APP for the Respondent-State.


                                                         CORAM :   A. S. GADKARI AND
                                                                   KAMAL KHATA, JJ.
                                                            DATE : 10th July, 2026

                      P.C.:-

                      1)              None for Petitioner when called out for hearing.

                      2)              Record indicates that, after 5th July, 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)              Dismissed for non-prosecution.



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




         Digitally
         signed by
         SUMEDH
                                                                                                       1/1
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.07.15
         13:32:06
         +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.