Created by Fuzzy Cloud

Bombay High Court

MOHMED FIROZ SHAMSUDDIN USMANIversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Mohmed Firoz Shamsuddin Usmani, filed a writ petition on 8 October 2018 in the Bombay High Court. No counsel appeared for the petitioner at the hearing and the petitioner failed to take any steps to circulate the petition thereafter. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court considered the petition to be abandoned. The judges dismissed the petition on the ground of non-prosecution. No substantive merits of the petition were examined.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear and does not pursue a filed writ petition?

Subjects

  • writ petition
  • dismissal
  • non‑prosecution
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

                           sns                                                    149-wp-4546-2018.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.4546 OF 2018

                      Mohmed Firoz Shamsuddin Usmani                                … Petitioner

                               V/s.

                      The State of Maharashtra & Ors.                               … Respondents




                      None for the Petitioner.
                      Mr. Vinod Chate, 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.

                      8th October, 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
         12:46:05
         +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.