Bombay High Court
CAJETAN SIMON FERNANDESversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition was dismissed for non‑prosecution.
Summary
Cajetan Simon Fernandes filed a writ petition before the Bombay High Court challenging an unspecified matter. The petitioner failed to appear at the hearing scheduled on 30 September 2016 and again on 4 March 2026. No steps were taken by the petitioner or his counsel to circulate the petition after the earlier date. The Court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the bench of Justices A.S. Gadkari and Kamal Khata dismissed the petition for non‑prosecution.
Issues considered
- Can a writ petition proceed when the petitioner fails to appear for hearing?
Subjects
- writ petition
- non‑prosecution
- dismissal
- criminal appellate jurisdiction
- court procedure
Judgment
ssm 46-wp3736.2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3736 OF 2015
Cajetan Simon Fernandes …..Petitioner
Vs.
The State Of Maharashtra & Ors. …..Respondents
____________________________________
None for the Petitioner.
Smt. Mankuwar M. Deshmukh Acting PP a/w Mr. Vinod Chate APP, for the
Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 4th MARCH, 2026.
P.C.:-
1) None for the Petitioner when called out for hearing.
1.1) Record indicates that, even on earlier occasion i.e. 30 th
September, 2016, none had appeared for the Petitioner. That, after 30 th
September, 2016, Petitioner and/or his Advocate has not taken any steps to
circulate the Petition, even for once.
1.2) It appears that, the Petitioner is not interested in pursuing the
Petition.
2) Dismissed for non-prosecution.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed 1/1
SANJIV by SANJIV
SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.09
19:55:06 +0530
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