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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