Bombay High Court

MIRA PRAKASH THUBEversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 25 June 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

A petition that is not pursued by the petitioner and for which no steps are taken to advance it may be dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 16 August 2019 but never appeared before the court and made no effort to advance the petition. The record shows that neither the petitioner nor her counsel circulated the petition at any time. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal reflects the principle that a petition must be actively pursued or it may be struck down for lack of prosecution.

Issues considered

Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and take steps to advance the case?

Subjects

writ petition
non‑prosecution
dismissal
procedural default
high court
criminal appellate jurisdiction

Judgment

     pmk                                                   47-WP-4430-2019.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.4430 OF 2019

Mira Prakash Thube                                          … Petitioner

         V/s.

The State of Maharashtra & Ors.                             … Respondents



None for the Petitioner.
Ms. Madhavi H. Mhatre, APP for the Respondent-State.


                                   CORAM :  A. S. GADKARI AND
                                            KAMAL KHATA, JJ.
                                     DATE : 25th June, 2026

P.C.:-

1)              None appears for Petitioner, when called out for hearing.

2)              Record indicates that, since the filing of the Petition on 16 th

August, 2019, neither the Petitioner nor her 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.)


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