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Bombay High Court

VIJAYA VYANKAT CHAVANversusSENIOR INSPECTOR OF POLICE AND ANR

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The writ petition filed in 2019 remained pending for several years without any action to circulate the matter. The petitioner's counsel reported an inability to obtain instructions from the petitioner, who had not communicated since the filing. The court observed that the petitioner appeared disinterested in pursuing the petition. Consequently, the court concluded that the petition could not proceed in the absence of the petitioner's cooperation. The petition was therefore dismissed on the ground of non‑prosecution. The order was signed digitally by the judges on 29 June 2026.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner shows no interest or fails to cooperate with counsel

Subjects

  • non-prosecution
  • writ petition
  • criminal appellate jurisdiction
  • petition dismissed
  • court procedure

Judgment

                                                          1/1                        36-WP-2944-19.odt

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO.2944 OF 2019

                        Vijaya Vyankat Chavan                       .... Petitioner
                                versus
                        Senior Inspector of Police & Anr.           .... Respondents
                                                       …....
                        • Mr. Shubham S. Sane h/f Priyal G. Sarda, Advocate for
                             Petitioner.
                        • Ms. Kranti Hiwrale, APP for the State/Respondent.

                                                CORAM        : SARANG V. KOTWAL &
                                                               ASHISH S. CHAVAN, JJ.
                                                DATE         : 22nd JUNE, 2026

                        P.C. :


                        1.             This Petition is pending since 2019. No efforts were

                             taken to get the matter circulated. Even today learned counsel

                             for the Petitioner has no instructions. He submitted that he tried

                             to contact the Petitioner, but she had not contacted the counsel

                             since 2019 till today.



                        2.             It appears that the Petitioner is not interested in prosecuting

                             this Petition. Therefore, it is dismissed for non-prosecution.
          Digitally
          signed by
          MANUSHREE
MANUSHREE NESARIKAR
NESARIKAR Date:
          2026.06.29
          16:10:46
          +0530




                                  (ASHISH S. CHAVAN, J.)                  (SARANG V. KOTWAL, J.)

            Nesarikar


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