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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