Bombay High Court
SHIVAJI NATHA MALIversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner, Shivaji Natha Mali, filed a writ petition on 23 September 2015 in the Bombay High Court. He failed to appear for the hearing and did not take any steps to circulate or pursue the petition thereafter. The court observed that the petitioner appeared uninterested in continuing the proceedings. Consequently, the judges held that the petition could not be kept alive without prosecution. The petition was therefore dismissed for non‑prosecution.
Issues considered
- Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and pursue the case?
Subjects
- writ petition
- non-prosecution
- dismissal
- criminal appellate jurisdiction
- Bombay High Court
Judgment
ssm 48-wp3867.2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3867 OF 2015
Shivaji Natha Mali …..Petitioner
Vs.
The 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 : 4th MARCH, 2026.
P.C.:-
1) None for the Petitioner when called out for hearing.
2) Record indicates that, since the date of filing of the Petition i.e.
23rd September, 2015, the 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 1/1
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.09
12:01:40 +0530
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