Created by Fuzzy Cloud

Bombay High Court

MOHAN MAHABAL SHETTY AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a writ petition in the Bombay High Court but failed to appear for the hearing. The court noted that after September 18, 2018, neither the petitioners nor their counsel took any steps to circulate the petition. It was observed that the petitioners appeared uninterested in pursuing the relief sought. Consequently, the court held that the petition could not be entertained due to lack of prosecution. The petition was therefore dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioners do not appear or take steps to pursue it

Subjects

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

Judgment

                             sns                                                 88-wp-3639-2018.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.3639 OF 2018

                      Mohan Mahabal Shetty & Ors.                           … Petitioners

                               V/s.

                      The State of Maharashtra & Ors.                       … Respondents




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


                                                        CORAM :        A. S. GADKARI AND
                                                                       KAMAL KHATA, JJ.
                                                           DATE :      12th June 2026

                      P.C.:-

                      1)              None for Petitioners when called out for hearing.

                      2)              Record indicates that, after 18th September, 2018, 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.)



         Digitally
                                                                                                       1/1
         signed by
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.06.17
         19:49:17
         +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.