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Bombay High Court

MOHAMMAD ZAHID SHAIKHversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear or take any action to advance the petition.

Summary

The petitioner, Mohammad Zahid Shaikh, filed a writ petition on 29 September 2018 in the Bombay High Court. No appearance was made by the petitioner or his counsel at the hearing scheduled on 12 June 2026. The court record showed that the petitioner had not taken any steps to circulate or pursue the petition since its filing. The court inferred that the petitioner was not interested in continuing the proceedings. Consequently, the court dismissed the petition on the ground of non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and take any steps to pursue the petition

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • court procedure
  • petitioner's default

Judgment

                           sns                                                    137-wp-4345-2018.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.4345 OF 2018

                      Mohammad Zahid Shaikh                                   … Petitioner

                               V/s.

                      The State of Maharashtra & Ors.                         … Respondents




                      None for the Petitioner.
                      Smt. P. P. Shinde, 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.

                      29th 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
         12:46:06
         +0530


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