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Bombay High Court

ABHISHEK MAHENDRA GUPTAversusUNION OF INDIA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear.

Summary

The petitioner, Abhishek Mahendra Gupta, filed Writ Petition No. 4404 of 2026 in the Bombay High Court seeking relief against the Union of India and others. No counsel appeared on behalf of the petitioner on the scheduled hearing date of 29 September 2026, nor had the petitioner appeared on the earlier date of 8 September 2026. The court noted that the petitioner appeared disinterested in pursuing the petition. Consequently, the court held that the petition could not be proceeded with due to the petitioner’s failure to appear. The petition was therefore dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition can be entertained when the petitioner fails to appear before the court?

Subjects

  • writ petition
  • non‑prosecution
  • procedural default
  • criminal appellate jurisdiction
  • court procedure

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2026.10.05
10:21:27 +0530



                               TSB                                                38-wp-4404-2026.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              CRIMINAL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 4404 OF 2026

                      Abhishek Mahendra Gupta                                 … Petitioner

                                V/s.

                      Union of India & Ors.                                   … Respondents



                      None present for the Petitioner.
                      Mrs. P.P.Shinde, APP, for the Respondent -State.



                                                           CORAM :  A. S. GADKARI AND
                                                                    KAMAL KHATA, JJ.
                                                             DATE : 29th September, 2026

                      P.C.:-

                      1)                None for Petitioner when called out for hearing.

                      2)                Record indicates that, even on earlier occasion i.e. on 8 th

                      September, 2026 none had appeared for the Petitioner.

                      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.)




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