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Bombay High Court

DOST MOHAMMED YAAR MOHAMMED MOMIN.versusTHE SENIOR POLICE INSPECTOR AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

A writ petition (No. 2826 of 2014) was filed by Dost Mohammed Yaar and Mohammed Momin against the Senior Police Inspector and others. The petitioners failed to appear for the hearing on the scheduled date, and no further steps were taken to advance the petition after the earlier hearing on 4 December 2014. The court noted that the petitioners appeared uninterested in pursuing the relief sought. Consequently, the judges observed that the petition remained unprosecuted. On this basis, the court dismissed the petition for non‑prosecution. The dismissal was recorded by both judges on 2 February 2026.

Issues considered

  • Whether the writ petition should be entertained despite the petitioners' non‑appearance and lack of prosecution

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • court procedure

Judgment

                    KSG                                                          24-WP-2826-2014.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 2826 OF 2014

                    Dost Mohammed Yaar
                    Mohammed Momin                                              … Petitioner
                             V/s.
                    The Senior Police Inspector & Ors                           … Respondents
                                        _______________________________________

                    None for the Petitioners.
                    Mr. Vinod Chate, A.P.P. for Respondent-State.
                                    _______________________________________

                                                CORAM : A. S. GADKARI AND
                                                        SHYAM C. CHANDAK, JJ.
                                                DATE  : 2nd FEBRUARY 2026
                    P.C. :

                    1)              None for Petitioner, when called out for hearing.

                    1.1)            Record indicates that, even on earlier occasion i.e. on 4 th
        Digitally
        signed by
        KIRAN
KIRAN SANJAY
SANJAY GHUGE        December 2014, none had appeared for the Petitioner.
GHUGE Date:
       2026.02.04
        11:54:06
        +0530


                    2)              That, after 4th December 2014, the 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.



                             ( SHYAM C. CHANDAK, J. )                     ( A.S. GADKARI, J. )


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