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Bombay High Court

BHARAT DAMU CHAVANversusSUB-DIVISIONAL MAGISTRATE AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 15 September 2017 but failed to appear for the hearing and did not take any steps to circulate the petition thereafter. The court noted the petitioner’s apparent lack of interest in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution. No substantive merits of the petition were considered. The dismissal was ordered by the two judges of the Bombay High Court.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear or take steps to pursue the case

Subjects

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

Judgment

                      KSG                                                            92-WP-3731-2017.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 3731 OF 2017

                      Bharat Damu Chavan                                           … Petitioner
                               V/s.
                      Sub-Divisional Magistrate & Ors                    … Respondents
                                      _______________________________________

                      None for the Petitioner.
         Digitally

KIRAN
         signed by
         KIRAN
         SANJAY
                      Mr. J. P. Yagnik, A.P.P. for Respondent-State.
SANJAY   GHUGE

GHUGE    Date:
         2026.04.27
         12:59:54
         +0530
                                        _______________________________________

                                                   CORAM : A. S. GADKARI AND
                                                           KAMAL KHATA, JJ.
                                                   DATE  : 18th APRIL 2026

                      P.C. :

                      1)              None for the Petitioner, when called out for hearing.

                      2)              Record indicates that, since the date of filing of the Petition i.e.

                      15th September, 2017, the 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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