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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