Bombay High Court

MOHANLAL SHRESHTHANARAYAN DUBEYversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 12 February 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI R M JOSHI

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear and demonstrated no intention to pursue the relief sought.

Summary

The petitioner, Mohanlal Shreshthanarayan Dubey, filed Writ Petition No. 5046 of 2014 in the Bombay High Court. The record shows that the petitioner failed to appear for the hearing on the earlier date of 7 June 2017 and again on the scheduled date of 12 February 2026. The court noted that the petitioner appeared uninterested in pursuing the petition. Consequently, the judges observed that the petition could not proceed without the petitioner’s participation. The petition was therefore dismissed for non‑prosecution.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and shows no interest in pursuing the case

Subjects

writ petition
non‑prosecution
petition dismissal
court procedure
failure to appear

Judgment

          ssm                                                      31-wp5046.2014.doc

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 5046 OF 2014

     Mohanlal Shreshthanarayan Dubey                        …..Petitioner

              Vs.

     The State Of Maharashtra & Ors.                        …..Respondents

                             ____________________________________

     None for the Petitioner.
     Mr. Ashish I. Satpute APP, for the Respondent-State.
                       ____________________________________

                                           CORAM :    A. S. GADKARI AND
                                                      R.M. JOSHI, JJ.
                                             DATE :   12th FEBRUARY, 2026.


     P.C.:-

     1)               None for the Petitioner.

     2)               Record indicates that, even on earlier occasion i.e. on 7 th June,

     2017 none had appeared for the Petitioner.

     2.1)             It appears that, the Petitioner is not interested in pursuing the

     Petition.

     3)               Petition is dismissed for non-prosecution.




                (R.M. JOSHI, J.)                           (A.S. GADKARI, J.)

              Digitally signed                                                          1/1
SANJIV        by SANJIV
              SHARNAPPA
SHARNAPPA     MASHALKAR
MASHALKAR     Date: 2026.02.16
              17:58:57 +0530

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