Created by Fuzzy Cloud

Bombay High Court

RAJENDRA DAGADU GAIKWADversusTHE STATE OF MAHARASTHRA AND ANR.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 2 May 2019 in the Bombay High Court but failed to appear for any hearing and made no effort to circulate the petition. The court noted that the petitioner and his counsel showed no interest in pursuing the matter. On this basis, the court held that the petition could not be allowed to remain pending. Consequently, the petition was dismissed for non‑prosecution. No substantive merits of the petition were examined. The dismissal reflects the court's power to strike out inactive proceedings.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner's failure to appear and take any steps to advance the petition?

Subjects

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

Judgment

DTG                                                            242-Wp.2587.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 2587 OF 2019

Rajendra Dagadu Gaikwad                                      … 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  : 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.

2nd May 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. )


                                                                                      1/1


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.