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Bombay High Court

ANKIT NITIN PALEKAR (AS PER ORDER DT. 10/02/2021)versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution.

Summary

The Bombay High Court dismissed a writ petition filed by Ankit Nitin Palekar after the petitioner failed to appear for the hearing and did not circulate the petition after February 10, 2021. The court noted that the petitioner appeared uninterested in pursuing the case. Consequently, the petition was dismissed for non‑prosecution. The pending interim application related to the petition was also disposed of as it could not survive the dismissal. No substantive merits of the petition were considered.

Issues considered

  • Whether a writ petition can 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
  • high court procedure

Judgment

DTG                                                          350-WP-3203-2018.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 3203 OF 2018
                                    WITH
                      INTERIM APPLICATION NO. 476 OF 2021

Ankit Nitin Palekar                                 … Petitioner
       V/s.
State Of Maharashtra & Ors.                         … Respondents
                   _______________________________________
None for Petitioner.
Smt. P.P. Shinde, A.P.P. for Respondent-State.
Adv. Mantul Bajpai i/b Crawford Baylay & Co. for Respondent No.7.
Mr. Arun Unnikrishnan & Ms. Ishani Saxena i/b Jadeja & Satiya for Respondent
No.14.
                   _______________________________________
                            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 10th February 2021, 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)            Petition is dismissed for non-prosecution.

4)            In view of dismissal of Petition, Interim Application No. 476 of

2021 pending therein, does not survive and is accordingly disposed off.




              ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )
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