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Bombay High Court

DINESH CHIMANLAL SHAHversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Dinesh Chimanlal Shah, filed a writ petition in the Bombay High Court. No appearance was made by the petitioner or his counsel when the matter was called for hearing. The record shows that after 29 October 2018 the petitioner and his advocate made no effort to circulate the petition. The court inferred that the petitioner was not interested in pursuing the petition. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed on the ground of non‑prosecution when the petitioner fails to appear or take steps to pursue the petition.

Subjects

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

Judgment

                                  Sbw                                                  159-WP-4757-2018.doc

                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CRIMINAL APPELLATE JURISDICTION

                                                     WRIT PETITION NO.4757 OF 2018

                             Dinesh Chimanlal Shah                                       … Petitioner

                                      V/s.

                             State of Maharashtra & Anr.                                 … 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 Petitioner, when called out for hearing.

                             2)              Record indicates that, after 29th 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 SANDHYA
SANDHYA BHAGU
BHAGU   WADHWA
WADHWA Date:
        2026.06.17
          15:57:15 +0530
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