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Bombay High Court

UMESH KAILESH ATHANIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Umesh Kailesh Athani, filed a writ petition before the Bombay High Court but failed to appear for the hearing. The court record shows that after 8 November 2017, neither the petitioner nor his counsel took any steps to advance the petition. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the judges concluded that the petition had been abandoned. 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 or take steps to pursue the petition

Subjects

  • writ petition
  • dismissal
  • non‑prosecution
  • procedural default
  • Bombay High Court

Judgment

                      KSG                                                          102-WP-3991-2017.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 3991 OF 2017

                      Umesh Kailesh Athani                                       … Petitioner
                               V/s.
                      State of Maharashtra                               … Respondent
                                      _______________________________________

                      None for the Petitioner.
         Digitally

KIRAN
         signed by
         KIRAN
         SANJAY
                      Smt. Madhavi H. Mhatre, A.P.P. for Respondent No.1-State.
SANJAY   GHUGE

GHUGE    Date:
         2026.04.27
         12:59:52
         +0530
                      Mr. Santosh Khaladaker, PSI attached to Powai Police Station is present.
                                      _______________________________________

                                                  CORAM : A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                  DATE  : 18th APRIL 2026

                      P.C. :

                      1)              None for Petitioner when called out for hearing.

                      2)              Record indicates that, after 8th November, 2017, 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. )



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