Bombay High Court

VITTHAL KASHINATH YEVALKAR AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

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

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a writ petition on 18 January 2019 in the Bombay High Court. Since filing, neither the petitioners nor their counsel appeared for any hearing or took steps to circulate the petition. The court observed that the petitioners appeared disinterested in pursuing the matter. Consequently, the judges noted the lack of prosecution of the petition. The petition was therefore dismissed for non‑prosecution. The dismissal reflects the court's procedural stance that a petition must be actively pursued to be entertained.

Issues considered

Whether the writ petition should be dismissed for non‑prosecution due to the petitioners' failure to appear or take any steps to advance the petition.

Subjects

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

Judgment

DTG                                                            75-Wp321.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 321 OF 2019

Vitthal Kashinath Yevalkar & Anr.                            … Petitioners
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

None for Petitioners.

Mr. Vinod Chate, A.P.P. for Respondent-State.
                _______________________________________

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

P.C. :

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

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

18th January 2019, neither the Petitioners nor their Advocate have taken any

steps to circulate the Petition, even once.

2.1)            It appears that, the Petitioners are not interested in pursuing the

Petition.

3)              Dismissed for non-prosecution.




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


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