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Bombay High Court

ISHRAT ALI SHAIKHversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Ishrat Ali Shaikh, filed a writ petition on 21 April 2018 in the Bombay High Court seeking relief against the State of Maharashtra and others. No appearance was made by the petitioner or his counsel at the hearing scheduled on 12 June 2026. The court noted that the petitioner had not taken any steps to advance or circulate the petition since its filing. It was observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution, without addressing any substantive merits.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear or prosecute a writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • high court
  • criminal appellate jurisdiction

Judgment

                             Sbw                                                  188-WP-5310-2026.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.5310 OF 2018

                     Ishrat Ali Shaikh                                        … Petitioner

                               V/s.

                     State of Maharashtra & Ors.                              … Respondents



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


                                                          CORAM :      A. S. GADKARI AND
                                                                       KAMAL KHATA, JJ.
                                                            DATE :     12th June, 2026

                     P.C.:-

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

                     2)               Record indicates that, since the date of filing of the Petition i.e.

                     21st April, 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
        WADHWA
BHAGU   Date:                                                                                            1/1
WADHWA 2026.06.22
          17:47:35
          +0530


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