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Bombay High Court

ATHAR ALI MOHAMMED MUSTAKIM QURESHIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petition was filed on 27 October 2016 by Athar Ali Mohammed Mustakim Qureshi seeking relief. The petitioner failed to appear at the hearing and did not take any steps to circulate the petition. The court noted that the petitioner appeared uninterested in pursuing the case. The issue before the court was whether the petition could be dismissed for non‑prosecution. Relying on procedural rules, the court held that a petition that is not pursued may be dismissed. Accordingly, the writ petition was dismissed.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner does not appear or take steps to pursue the relief

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • procedural default
  • criminal appellate jurisdiction

Judgment

                             sns                                                   43-wp-4212-2016.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.4212 OF 2016

                      Athar Ali Mohammed Mustakim Qureshi                           … Petitioner

                               V/s.

                      The State of Maharashtra                                      … Respondent




                      None for the Petitioner.
                      Mr. Vinod Chate, APP, for the Respondent-State.


                                                          CORAM :      A. S. GADKARI AND
                                                                       KAMAL KHATA, JJ.
                                                            DATE :     24th March 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.

                      27th October, 2016, the 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.)


         Digitally
         signed by
                                                                                                         1/1
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.03.26
         15:19:36
         +0530


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