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Bombay High Court

GIRISH RAMDAS NAYAKversusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Girish Ramdas Nayak, filed a writ petition in the Bombay High Court but failed to appear for the hearing. The record shows that after 17 December 2021, neither the petitioner nor his counsel took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court considered whether the petition could continue despite the lack of prosecution. Finding no sufficient cause to keep the petition alive, the court dismissed it for non-prosecution. The dismissal was entered by the bench of Justices A.S. Gadkari and Kamal Khata.

Issues considered

  • What is the appropriate course of action when a petitioner fails to prosecute a writ petition and shows no interest in pursuing it?

Subjects

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

Judgment

                ssm                                                      72-wp3953.2019.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 3953 OF 2019

           Girish Ramdas Nayak                                           …..Petitioner

                    Vs.

           The State Of Maharashtra & Anr.                               …..Respondents

                                  ____________________________________

           None for the Petitioner.
           Smt. Madhavi H. Mhatre 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 17th December 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
          SHARNAPPA
SANJIV    MASHALKAR
SHARNAPPA
MASHALKAR Date:
          2026.06.29
          12:27:54                                                                            1/1
          +0530


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