Bombay High Court

IDRIS ABDUL HAMID SHAIKHversusTHE STATE OF MAHARASHTRA AND ORS.

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

Holding

A writ petition that is not actively pursued and for which the petitioner fails to appear is liable to be dismissed for non‑prosecution.

Summary

The petitioner, Idris Abdul Hamid Shaikh, filed a writ petition before the High Court of Bombay. The petitioner failed to appear for the hearing and, after December 3, 2018, neither he nor his counsel took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the petition. Based on this non‑prosecution, the court considered whether the petition could continue. The judges concluded that a petition lacking active pursuit must be dismissed. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

Whether a writ petition that is not pursued by the petitioner and for which the petitioner fails to appear can be dismissed for non‑prosecution.

Subjects

writ petition
non-prosecution
dismissal
procedural default
court procedure

Judgment

DTG                                                            342-WP-3068-2018.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 3068 OF 2018

Idris Abdul Hamid Shaikh                                   … Petitioner
         V/s.
The State Of Maharashtra & Ors.                   … Respondents
               _______________________________________

None for Petitioner.
Smt. P.P. Shinde, A.P.P. for 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 3 rd December 2018, 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. )




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