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Bombay High Court

RETD. ACP-SHINDE SARJERAOversusEKNATH DASHRAT SHINDE AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Retd. ACP‑Shinde Sarjerao, filed a writ petition on 1 October 2016. The petitioner failed to appear for the hearing and did not take any steps to circulate the petition thereafter. The respondent State, represented by Ms. P. P. Shinde, APP, highlighted the petitioner's inaction. The Court examined whether the petition could continue despite the petitioner's non‑appearance and lack of prosecution. Finding that the petitioner was not interested in pursuing the relief and had not complied with procedural requirements, the Court dismissed the petition for non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner is absent and fails to advance the petition?

Subjects

  • writ petition
  • non‑prosecution
  • court procedure
  • absence of petitioner
  • dismissal

Judgment

                             sns                                                   41-wp-3499-2016.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.3499 OF 2016

                      Retd. ACP-Shinde Sarjerao                               … Petitioner

                               V/s.

                      Eknath Dashrat Shinde & Ors.                            … Respondents




                      Petitioner in person is not present.
                      Ms. P. P. Shinde, APP, for the Respondent-State.


                                                          CORAM :      A. S. GADKARI AND
                                                                       KAMAL KHATA, JJ.
                                                            DATE :     24th March 2026

                      P.C.:-

                      1)              Petitioner in person is absent, when called out for hearing.

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

                      1st October, 2016, the Petitioner 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 by
                                                                                                         1/1
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.03.26
         15:19:36
         +0530


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