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Bombay High Court

SARITA KISHOR PARIKH AND ANR.versusCOMMISSIONER OF POLICE, THANE OFFICE OF COMMISSIONER OF POLICE AND ANR.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The writ petitions were dismissed for non‑prosecution.

Summary

The petitioners, Sarita Kishor Parikh and another, filed writ petitions (Nos. 277 and 278 of 2021) challenging actions of the Commissioner of Police, Thane. No petitioners appeared when called for hearing, and the court record shows that after January 6, 2021, neither the petitioners nor their counsel took any steps to advance the petitions. The court inferred that the petitioners were not interested in pursuing the relief sought. Consequently, the judges held that the petitions could not be kept pending without active prosecution by the petitioners. The petitions were therefore dismissed for non‑prosecution. The order was signed by Justices A.S. Gadkari and Kamal Khata on August 29, 2026.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioners fail to appear or take steps to pursue the petition

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • court procedure
  • petitioner's inaction

Judgment

                 ssm                                                   25-wp277.2021gp.doc

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                  CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 277 OF 2021

                                                  WITH

                                    WRIT PETITION NO. 278 OF 2021

            Sarita Kishor Parikh & Anr.                                …..Petitioners
                   Vs.
            Commissioner Of Police, Thane & Ors.                       …..Respondents

                                 ____________________________________

            None for the Petitioners.
            Shri. Ajay Patil APP, for the Respondent-State.
                               ____________________________________

                                              CORAM :      A. S. GADKARI AND
                                                           KAMAL KHATA, JJ.
                                                 DATE :    29th AUGUST, 2026.

            P.C.:-

            1)              None for Petitioners when called out for hearing.

            2)              Record indicates that, after 6th January, 2021, neither the

            Petitioners nor their Advocates have taken any steps to circulate the

            Petitions, even once.

            2.1)            It appears that, the Petitioners are not interested in pursuing

            the Petition.

            3)              Both the Petitions are dismissed for non-prosecution.



                       (KAMAL KHATA, J.)                         (A.S. GADKARI, J.)
          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                          1/1
MASHALKAR Date:
          2026.09.07
          17:01:05 +0530


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