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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