Bombay High Court
MOHAMMED JALALUDDIN MOHAMMAD AMIN KHAN @ JALALversusTHE STATE OF MAHARASHTRA AND ANR.
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner filed a writ petition on 18 September 2018 in the High Court of Bombay. No appearance was made by the petitioner at the hearing and the record shows that neither the petitioner nor his counsel circulated the petition even once after filing. The court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the court considered whether the petition should be dismissed for non‑prosecution. Relying on the principle that a petition must be actively pursued, the court dismissed the petition for non‑prosecution.
Issues considered
- Whether a writ petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and take steps to advance the petition
Subjects
- writ petition
- non‑prosecution
- dismissal
- criminal appellate jurisdiction
- high court
Judgment
sns 126-wp-4157-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4157 OF 2018
Mohammed Jalaluddin Mohammad
Amin Khan @ Jalal … Petitioner
V/s.
The State of Maharashtra & Anr. … Respondents
None for the Petitioner.
Mr. J. P. Yagnik, APP, for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 12th June 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.
18th September, 2018, 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
SUMEDH
1/1
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.06.22
12:46:07
+0530
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