Bombay High Court
SAPAN SHRIVASTAVAversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner filed a writ petition in the Bombay High Court but failed to appear for the hearing and, since October 2018, made no effort to circulate the petition. The court noted the petitioner's apparent lack of interest in pursuing the matter. No substantive arguments or evidence were presented by the petitioner. Consequently, the court held that the petition could not proceed and dismissed it for non‑prosecution. The dismissal was recorded by both judges on the hearing date.
Issues considered
- Should the writ petition be dismissed on the ground of non‑prosecution due to the petitioner's failure to appear and to take steps to advance the petition?
Subjects
- writ petition
- non‑prosecution
- dismissal
- high court
- criminal appellate jurisdiction
- petitioner's non‑appearance
Judgment
KSG 46-WP-2660-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2660 OF 2017
Sapan Shrivastava … Petitioner
V/s.
The State of Maharashtra & Ors … Respondents
_______________________________________
Petitioner in person is not present.
Digitally
KIRAN
signed by
KIRAN
SANJAY
None for the Respondent No.5.
SANJAY GHUGE
GHUGE Date:
2026.04.27
12:59:50
+0530
Mr. Vinod Chate, A.P.P. for Respondent No.1-State.
Mr. Bhalchandra S. Andurlekar, PSI attached to Vishnunagar Police Station,
Thane is present.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 18th APRIL 2026
P.C. :
1) Petitioner in person is not present, when called out for hearing.
2) Record indicates that, after 16th October 2018, Petitioner 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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