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Bombay High Court

MOHAMMAD KALIM KHANversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Mohammad Kalim Khan, filed Writ Petition No. 3217 of 2015 in the High Court of Bombay seeking relief against the State of Maharashtra and others. The petition was listed for hearing, but the petitioner failed to appear when called. The court record shows that after July 13, 2016, neither the petitioner nor his counsel took any steps to circulate the petition or pursue the matter. The court observed that the petitioner appeared uninterested in continuing the proceedings. Consequently, the Court dismissed the petition on the ground of non‑prosecution. The dismissal was recorded by both judges on March 4, 2026.

Issues considered

  • Whether the petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and to take steps to pursue the petition?

Subjects

  • Writ Petition
  • Dismissal
  • Non‑prosecution
  • Criminal Appellate Jurisdiction
  • High Court of Bombay

Judgment

            ssm                                                      39-wp3217.2015.doc

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 3217 OF 2015

       Mohammad Kalim Khan                                    …..Petitioner

                Vs.

       The State Of Maharashtra & Ors.                        …..Respondents

                               ____________________________________

       None for the Petitioner.
       Smt. Madhavi H. Mhatre APP, for the Respondent-State.
                         ____________________________________

                                             CORAM :     A. S. GADKARI AND
                                                         KAMAL KHATA, JJ.
                                               DATE :    4th MARCH, 2026.

       P.C.:-

       1)               None for Petitioner when called out for hearing.

       2)               Record indicates that, after 13th July, 2016, 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.)

                Digitally signed
SANJIV    by SANJIV
          SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.06
                18:55:06 +0530


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