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Bombay High Court

GOURI S. BANERJEEversusRAJARSHI RADHAKRISHNA DWIVEDI AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution due to the petitioner’s failure to appear.

Summary

Ms. Gauri S. Banerjee filed Writ Petition No. 5058 of 2014 in the Bombay High Court seeking to appear in person before the Court. The petition remained pending for several years and the petitioner failed to appear at any hearing. On 12 January 2026 the Court gave the petitioner a final opportunity to be listed for hearing, directing that the matter be listed for dismissal if she did not appear. The petitioner was absent on the scheduled date of 17 February 2026. The Court, noting the petitioner’s persistent non‑appearance, dismissed the petition on the ground of non‑prosecution. The dismissal was entered without any further hearing or order.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear before the Court despite being given an opportunity.

Subjects

  • non‑prosecution
  • petition dismissal
  • court procedure
  • appearance
  • writ petition

Judgment

                                                                  1. WP 5058-2014.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                  WRIT PETITION NO.5058 OF 2014

Ms. Gauri S. Banerjee                               … Petitioner
      V/s.
Shri Rajarshi Radhakrishna Dwivedi And Ors.         … Respondents
                                   ------
None for the Petitioner.
Ms. Supriya Kak, A.P.P. for Respondent No.16-State.

                                               ------

                                   CORAM     : SARANG V. KOTWAL &
                                               SANDESH D. PATIL, JJ.

                                   DATE      : 17th FEBRUARY 2026
P.C.

1)     This Petition is pending since 2014. The Petition is filed by the

Petitioner, who wanted to appear in-person.                   She has not appeared

before the Court for a long time. The matter was listed on 12 th January

2026, to give her one opportunity, which was directed to be listed on

today’s board under the caption ‘for dismissal’.




2)     Today, the Petitioner is not present. The Petition is, therefore,

dismissed for non-prosecution.




(SANDESH D. PATIL, J.)                                  (SARANG V. KOTWAL, J.)
RvC                                                                                     1/1
            Digitally signed by
RAJESH      RAJESH VASANT
VASANT      CHITTEWAN
CHITTEWAN   Date: 2026.02.18
            19:10:29 +0530


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