Created by Fuzzy Cloud

Bombay High Court

KHALID SAMSUDDIDN KHANversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Khalid Samsuddin Khan, filed a writ petition in the Bombay High Court but failed to appear for the hearing. The court noted that after February 3, 2021, neither the petitioner nor his counsel took any steps to circulate the petition. It was observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court held that the petition could not proceed due to lack of prosecution. The petition was therefore dismissed for non‑prosecution.

Issues considered

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

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • court procedure

Judgment

                 ssm                                                    29-wp377.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 377 OF 2021

            Khalid Samsuddidn Khan                                     …..Petitioner

                     Vs.

            State Of Maharashtra & Ors.                       …..Respondents
                            ____________________________________

            None for the Petitioner.
            Smt. P.P. Shinde 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 3rd February, 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
          17:01:04 +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.