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Bombay High Court

UMESH MOTWANIversusTHE SENIOR INSPECTOR OF POLICE AND ORS.

Decided
Disposal
Disposed Off

Holding

The writ petitions were dismissed for non‑prosecution.

Summary

The Bombay High Court dismissed two writ petitions (Nos. 2726 of 2018 and 2429 of 2018) because the petitioner, Umesh Motwani, failed to appear for hearing and did not take any steps to advance the petitions after March 2019. The court noted that the petitioner showed no interest in pursuing the matters. Consequently, the petitions were dismissed for non‑prosecution. The interim applications (Nos. 1208 and 1209 of 2020) pending in the dismissed petition were also ordered to be disposed of. No substantive merits were considered as the proceedings were terminated on procedural grounds.

Issues considered

  • Whether the writ petitions should be dismissed for non‑prosecution due to the petitioner's failure to appear and pursue the case

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • criminal appellate jurisdiction
  • BOMBAY High Court

Judgment

DTG                                                            318-WP-2726-2018.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                       WRIT PETITION NO. 2726 OF 2018
                                   WITH
                    INTERIM APPLICATION NO. 1208 OF 2020
                                   WITH
                    INTERIM APPLICATION NO. 1209 OF 2020

Umesh Motwani                                              … Petitioner

         V/s.
The Senior Inspector Of Police & Ors.                      … Respondents
                                       WITH
                        WRIT PETITION NO. 2429 OF 2018
Sainaj Samsudin Bhavadiya                                  … Petitioner
         V/s.
The State of Maharashtra & Anr.                            … Respondents
                   _______________________________________

None for Petitioner(s) in both Petitions.
Smt. P.P. Shinde, A.P.P. for Respondent-State.
                  _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 18th April 2026

P.C. :

1)              None for Petitioner when called out for hearing.

2)              Record indicates that, after 25th March 2019 and 5th December

2018 respectively, Petitioner and/or his Advocate has not taken any steps to

circulate the Petitions, even for once.

2.1)            It appears that, the Petitioner is not interested in pursuing the
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DTG                                                         318-WP-2726-2018.doc



Petitions.

3)           Petitions are dismissed for non-prosecution.

4)           In view of dismissal of Writ Petition No. 2726 of 2018, Interim

Application Nos. 1208 of 2020 and 1209 of 2020 pending therein, do not

survive and are accordingly disposed off.




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




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