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Bombay High Court

HUMAID MOHAMMED HUMAID MOHAMMED SHATTAFversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution due to the petitioner's failure to appear and pursue the relief.

Summary

The petitioners filed a writ petition on 3 May 2019 in the Bombay High Court. They failed to appear for the hearing and did not take any steps to advance the petition thereafter. The court observed that the petitioners appeared uninterested in pursuing the relief sought. On this basis, the court held that the petition could not be kept pending. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and take steps to pursue the case

Subjects

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

Judgment

DTG                                                            266-Wp.2848.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 2848 OF 2019

Humaid Mohammed Humaid
Mohammed Shattaf                                             … Petitioner
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

None for Petitioner.

Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                  _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 17th June 2026

P.C. :

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

2)              Record indicates that, since the date of filing of the Petition i.e.

3rd May 2019, neither the Petitioner nor his Advocate has taken any steps to

circulate the Petition, even 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. )
                                                                                      1/1


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