Bombay High Court
NAVIN NARAYAN GERA AND ANRversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioners filed a writ petition on 25 September 2017 but failed to take any steps to circulate or pursue the petition thereafter. The court noted that the petitioners and their counsel did not appear for hearing and appeared uninterested in continuing the proceedings. On this basis, the court applied the principle of non‑prosecution, which allows dismissal when a party shows no intention to prosecute the matter. Consequently, the petition was dismissed for non‑prosecution. No substantive legal arguments or evidence were presented, and the court issued a simple order of dismissal.
Issues considered
- Whether the writ petition should be dismissed on the ground of non‑prosecution due to the petitioners' inaction?
Subjects
- writ petition
- non‑prosecution
- dismissal
- criminal appellate jurisdiction
- Bombay High Court
Judgment
ssm 118-wp4225.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4225 OF 2017
Navin Narayan Gera & Anr. …..Petitioners
Vs.
The State Of Maharashtra & Ors. …..Respondents
____________________________________
None for the Petitioners.
Smt. Madhavi H. Mhatre APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 18th APRIL, 2026.
P.C.:-
1) None for Petitioners when called out for hearing.
2) Record indicates that, since the date of filing of the Petition i.e.
25th September, 2017, the Petitioners and/or their Advocate have not taken
any steps to circulate the Petition, even for once.
2.1) It appears that, the Petitioners are not interested in pursuing
the Petition.
3) Dismissed for non-prosecution.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
2026.04.27
18:40:45 +0530 1/1
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