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Bombay High Court

NAGESH BALAPPA DHOTREversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

A writ petition can be dismissed for non‑prosecution if the petitioner shows no interest and takes no action to advance the petition.

Summary

The petitioner filed a writ petition in the Bombay High Court but failed to take any steps to circulate the petition after November 1, 2017. The court observed that the petitioner showed no interest in pursuing the petition. Consequently, the judges concluded that the petition was effectively abandoned. The petition was therefore dismissed for non‑prosecution. No substantive merits of the case were examined. The dismissal was entered as a procedural order.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to take any further steps to pursue it?

Subjects

  • writ petition
  • non‑prosecution
  • procedural dismissal
  • Bombay High Court
  • criminal appellate jurisdiction
  • petitioner's inaction

Judgment

     pmk                                                   91-WP-3724-2017.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.3724 OF 2017

Nagesh Balappa Dhotre                                       … Petitioner

         V/s.

The State of Maharashtra & Ors.                             … Respondents



None for the Petitioner.
Mr. Vinod Chate, 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 1st November, 2017 Petitioner

and/or his 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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