Bombay High Court
MELISSA BRIAN D' COSTA AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition was dismissed for non‑prosecution as the petitioners failed to pursue the remedy.
Summary
The petitioners filed a writ petition on 18 July 2019 but failed to appear for any hearing and did not take any steps to circulate the petition. The court observed that the petitioners appeared uninterested in pursuing the relief. Consequently, the High Court dismissed the petition on the ground of non‑prosecution. No substantive merits of the petition were examined. The dismissal was entered as a final order.
Issues considered
- Whether the writ petition should be dismissed for non‑prosecution due to the petitioners' failure to appear and pursue the case?
Subjects
- writ petition
- non-prosecution
- dismissal
- criminal appellate jurisdiction
- BOMBAY High Court
Judgment
sns 47-WP-3737-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3737 OF 2019
Melissa Brian D’Costa & Anr. … Petitioners
V/s.
The State of Maharashtra & Ors. … Respondents
None for the Petitioners.
Mr. S. V. Gavand, APP for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 10th July, 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.
18th July, 2019, 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:
2026.07.15
13:32:08
+0530
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