Bombay High Court

MOHD. SIDDHIQ HAJI MOHD. SHAFI MOMINversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 18 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

A petition that is not pursued by the petitioner, evidenced by failure to appear and to circulate the petition, may be dismissed for non‑prosecution.

Summary

The petitioner, Mohd. Siddhiq Haji, failed to appear for the hearing and, after July 23, 2019, made no effort to circulate the writ petition. The court noted the petitioner's apparent lack of interest in pursuing the case. Consequently, the judges considered whether the petition could continue despite the petitioner's inaction. Relying on the principle that a petition must be actively pursued, the court held that the failure to appear and to take steps to move the petition amounts to non‑prosecution. The petition was therefore dismissed. No substantive merits of the underlying criminal matter were addressed.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and does not take steps to advance the petition?

Subjects

writ petition
non-prosecution
dismissal
criminal appellate jurisdiction
petitioner's non-appearance

Judgment

sbw 325-wp-2819-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.2819 OF 2018

Mohd. Siddhiq Haji Mohd. Shafi Momin … Petitioner

V/s.

The State of Maharashtra & Ors. … Respondents

None for the Petitioner.
Mr. J. P. Yagnik, APP, for the 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 23rd July, 2019, Petitioner and/or

his Advocate 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.)

Digitally
signed by
SANDHYA
1/1
SANDHYA BHAGU
BHAGU WADHWA
WADHWA Date:
2026.04.23
12:02:12
+0530

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