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Bombay High Court

ASHUTOSH CHANDRAversusRAJIV RANJAN CHAUBEY AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Ashutosh Chandra, filed Writ Petition No. 392 of 2021 in the Bombay High Court. After the hearing date of 25th February 2021, neither the petitioner nor his counsel appeared or took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal was recorded by both judges of the bench.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear or prosecute a writ petition?

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

                 ssm                                                    31-wp392.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 392 OF 2021

            Ashutosh Chandra                                           …..Petitioner

                     Vs.

            Rajiv Ranjan Chaubey & Ors.                                …..Respondents

                                ____________________________________

            None for the Petitioner.
            Shri. Ajay Patil 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 25th 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
          17:01:00 +0530


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