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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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