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Bombay High Court

NAGINA HASANversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

Nagina Hasan filed Writ Petition No. 3438 of 2013 in the Bombay High Court challenging actions of the State of Maharashtra and others. The petitioner failed to appear for the hearing and, according to the record, did not take any steps to circulate the petition after 8 October 2018. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal was ordered by a two‑judge bench of Justice A.S. Gadkari and Justice Kamal Khata.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear and does not pursue a writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • High Court
  • criminal appellate jurisdiction

Judgment

     pmk                                                   13-WP-3438-2013.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.3438 OF 2013

Nagina Hasan                                                … Petitioner

         V/s.

The State of Maharashtra & Ors.                             … Respondents


None for the Petitioner.
None for the Respondent No.2.
Smt. Madhavi H. Mhatre, APP for the 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 8th October, 2018 Petitioner and/or

her 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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