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Bombay High Court

SWAPNIL SHANTIKUMAR OVALEKARversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Swapnil Shantikumar Ovalekar, filed a writ petition in the Bombay High Court. The petitioner failed to appear for the hearing and, after 8 January 2019, neither he nor his counsel took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal was recorded by both judges on 12 June 2026.

Issues considered

  • Whether the writ petition should be dismissed for non-prosecution due to the petitioner's failure to appear and to take any further steps?

Subjects

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

Judgment

                           sns                                                  129-wp-4207-2018.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.4207 OF 2018

                      Swapnil Shantikumar Ovalekar                          … Petitioner

                               V/s.

                      The State of Maharashtra & Ors.                       … Respondents




                      None for the Petitioner.
                      Mr. Vinod Chate, APP, for the Respondent-State.
                      Ms. Gauri Date, PSI, Dadar Police Station, present.


                                                         CORAM :       A. S. GADKARI AND
                                                                       KAMAL KHATA, JJ.
                                                           DATE :      12th June 2026

                      P.C.:-

                      1)              None for Petitioner when called out for hearing.

                      2)              Record indicates that, after 8th January, 2019, 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
                                                                                                       1/1
         signed by
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.06.17
         19:49:18
         +0530


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