Bombay High Court
SANJAY VITTHAL KAPSEversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner filed a writ petition on 5 July 2021 but failed to appear for any hearing and took no steps to advance the case. The petition was last listed on 9 April 2026, when the petitioner’s counsel sought an adjournment citing personal difficulty. The court observed that the petitioner showed no interest in pursuing the petition. Consequently, the court dismissed the petition for non‑prosecution. No substantive merits of the petition were considered.
Issues considered
- Whether a writ petition can be dismissed for non‑prosecution when the petitioner fails to appear and take steps to pursue the case
Subjects
- writ petition
- non‑prosecution
- dismissal
- procedural default
- criminal appellate jurisdiction
Judgment
sns 31-wp-5312-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.5312 OF 2021
Sanjay Vitthal Kapse … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents
None for the Petitioner.
Smt. P. P. Shinde, APP, for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 2nd July 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.
5th July 2021, neither the Petitioner nor his Advocate has taken any steps to
circulate the Petition, even once.
2.1) That, the Petition was lastly listed on board on 9 th April, 2026,
when the learned Advocate for Petitioner had sought adjournment on the
ground that, the Advocate on record was in personal difficulty.
3) It appears that, the Petitioner is not interested in pursuing the
Petition.
4) Dismissed for non prosecution.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
1/1
Digitally
signed by
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.07.08
10:55:40
+0530
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