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Bombay High Court

XYZversusUJJWAL KRISHNA AND ANR

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution as no party appeared to prosecute it.

Summary

The petitioner filed Writ Petition No. 5375 of 2025 in the Bombay High Court seeking relief against the respondents. The court scheduled hearings on 6 April 2026 and 23 April 2026, but no party appeared on either date. The court noted that even on the final date of 17 June 2026, neither the petitioner nor her counsel was present. It inferred a lack of interest in prosecuting the petition. Consequently, the court exercised its inherent power to dismiss the petition for non‑prosecution. The dismissal order was signed by Justices Ashish S. Chavan and Sarang V. Kotwal.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner and counsel fail to appear at scheduled hearings?

Subjects

  • Writ Petition
  • Dismissal
  • Non‑prosecution
  • Criminal Appellate Jurisdiction
  • High Court

Judgment

SMITA       Digitally signed by SMITA
            JOHNSON GONSALVES
JOHNSON     Date: 2026.06.18
GONSALVES   12:16:43 +0530




                                        sg                                                                                 1.wp5375-25.docx


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION
                                                  WRIT PETITION NO. 5375 OF 2025

                        XYZ                                                                                       … Petitioner
                                         versus
                        Ujjwal Krishna And Anr.                                                                   … Respondents
                                                                                ----
                        None for the Petitioner.
                        Ms. Supriya Kak, APP, for the Respondent/State.
                                                         ----
                                                                        CORAM: SARANG V. KOTWAL &
                                                                               ASHISH S. CHAVAN, JJ.
                                                                         DATE: 17th JUNE, 2026.
                        P.C.:
                        1.               The order dated 23rd April, 2026 records nobody had appeared

                        on 6th April, 2026 and nobody had appeared on 23 rd April, 2026.

                        Therefore, the matter was directed to be listed under the caption for

                        dismissal on today’s date. Even today, nobody is appearing for the

                        Petitioner. Therefore, it appears that neither the Petitioner nor her

                        Counsel is interested in prosecuting this Petition.                                             The Petition is,

                        therefore, dismissed for non-prosecution.



                        ASHISH S. CHAVAN, J.                                                                     SARANG V. KOTWAL, J.




                                                                         Page 1 of 1
                                                            __________________________________________________

                                                                     17th June 2026


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