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Bombay High Court

PREM NARAYAN RAIversusTHE COMMISSIONER OF POLICE AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution.

Summary

The petitioner, Prem Narayan Rai, filed a writ petition in the Bombay High Court seeking relief against the Commissioner of Police and others. After the hearing on 13 January 2021, the petitioner and his counsel failed to appear or take any steps to advance the petition. The court noted that the petitioner showed no interest in pursuing the matter. Consequently, the court applied the principle that a petition may be dismissed for non‑prosecution when the petitioner remains silent and does not comply with procedural requirements. The petition was therefore dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition can be dismissed for non‑prosecution when the petitioner fails to appear or take steps to pursue the case

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • procedural default
  • Bombay High Court

Judgment

                 ssm                                                   28-wp.375.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 375 OF 2021

            Prem Narayan Rai                                           …..Petitioner

                     Vs.

            The Commissioner Of Police & Ors.                …..Respondents
                           ____________________________________

            None for the Petitioner.
            Shri. S. V. Gavand APP, for the Respondent-State.

                                ____________________________________

                                              CORAM :       A. S. GADKARI AND
                                                            KAMAL KHATA, JJ.
                                                DATE :      29th AUGUST, 2026.


            P.C.:-

            1)             None for the Petitioner when called out for hearing.

            2)             Record indicates that, after 13th January, 2021, neither the

            Petitioner nor his Advocate has taken any steps to circulate the Petition,

            even 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                                                                         1/1
MASHALKAR Date:
          2026.09.07
          17:01:01 +0530


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