Bombay High Court

SYED HASAN MADAARversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition was dismissed for non‑prosecution.

Summary

The petitioner, Syed Hasan Madaar, filed a writ petition on 15 April 2019 in the Bombay High Court. He failed to appear for the hearing and neither he nor his counsel took any steps to advance the petition. The Court noted that the petitioner appeared uninterested in pursuing the relief. The issue before the Court was whether the petition could be dismissed for non‑prosecution. The Court held that a petition that is not pursued by the petitioner may be dismissed for non‑prosecution. Accordingly, the petition was dismissed. No substantive merits were considered.

Issues considered

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

Subjects

writ petition
non‑prosecution
dismissal
criminal appellate jurisdiction
Bombay High Court

Judgment

DTG                                                            270-Wp.2916.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 2916 OF 2019

Syed Hasan Madaar                                            … Petitioner
         V/s.
The State of Maharashtra & Anr.                              … Respondents
                    _______________________________________

None for Petitioner.

Mr. Ashish I. Satpute, 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.

15th April 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. )


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