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Bombay High Court

MOHAMMED ISHTIAQUE EBRAHIM BAGBANversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Mohammed Ishtiaque Ebrahi Bagban, filed a writ petition in the Bombay High Court. The petitioner failed to appear for the hearing and, after November 25, 2019, neither he nor his counsel took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal was ordered by a bench comprising Justices A.S. Gadkari and Kamal Khata.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear and does not take steps to advance a writ petition?

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • high court
  • criminal appellate jurisdiction
  • petitioner's inaction

Judgment

         ssm                                                         200-wp374.2018.doc

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                CRIMINAL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 374 OF 2018

    Mohammed Ishtiaque Ebrahi Bagban                                 …..Petitioner

                         Vs.

    The State Of Maharashtra & Ors.                   …..Respondents
                    ____________________________________

    None for the Petitioner.
    Mr. J.P. Yagnik 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 25 th November, 2019, 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.)


             Digitally signed
             by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
             2026.04.27
             18:47:25 +0530                                                               1/1


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