Bombay High Court
RUHIAFZA FAROOQ KHAN AND ANR.versusTHE STATE OF MAHRASHTRA AND ANR.
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioners filed a writ petition on 14 August 2018 in the Bombay High Court seeking relief against the State of Maharashtra. No petitioner or their counsel appeared for any hearing, and the record shows that the petition was never circulated or pursued after filing. The court observed that the petitioners appeared uninterested in continuing the proceedings. Consequently, the court applied the principle of non-prosecution, which allows dismissal when a party fails to prosecute their case. The petition was therefore dismissed for non-prosecution, with no substantive merits being addressed.
Issues considered
- Whether the writ petition should be dismissed on the ground of non‑prosecution due to the petitioners' failure to appear or take steps to advance the case
Subjects
- writ petition
- non‑prosecution
- dismissal
- Bombay High Court
- criminal appellate jurisdiction
Judgment
sns 91-wp-3658-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3658 OF 2018
Ruhiafza Farooq Khan & Anr. … Petitioners
V/s.
The State of Maharashtra & Anr. … Respondents
None for the Petitioners.
Mr. J. P. Yagnik, APP, for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 12th June 2026
P.C.:-
1) None for the Petitioners when called out for hearing.
2) Record indicates that, since the date of filing of the Petition i.e.
14th August, 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
signed by
SUMEDH
1/1
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.06.22
12:46:05
+0530
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