Bombay High Court

NEVES AGUSTA D'SOUZAversusTHE STATE OF MAHARASHTRA

Decided: 22 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition was dismissed for non‑prosecution.

Summary

Neves Agusta D'souza filed a writ petition in the Bombay High Court but failed to appear for hearing and did not circulate the petition after 31 July 2019. The record indicated that neither the petitioner nor her counsel took any steps to advance the petition thereafter, suggesting a lack of interest in pursuing the matter. The court considered whether such inaction justified dismissal for non‑prosecution. It held that the petitioner’s failure to appear and to take any further steps amounted to non‑prosecution. Consequently, the petition was dismissed. The order emphasizes that a petitioner must actively pursue a writ petition or risk dismissal 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 advance the petition

Subjects

writ petition
non‑prosecution
dismissal
criminal appellate jurisdiction
Bombay High Court

Judgment

ssm 66-wp3850.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 3850 OF 2019

Neves Agusta D'souza …..Petitioner

Vs.

The State Of Maharashtra …..Respondent

____________________________________

None for the Petitioner.
Mr. Ashish I. Satpute APP, for the Respondent-State.

____________________________________

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 22nd JUNE, 2026.

P.C.:-

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

2) Record indicates that, after 31 st July, 2019, neither the

Petitioner nor her 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: 2026.06.29
12:28:06 +0530

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