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Bombay High Court

SURESH K. PATELversusTHE 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 29 November 2018 in the High Court of Bombay. No counsel appeared for the petitioner at the hearing and the petitioner failed to take any steps to circulate the petition thereafter. The court observed that the petitioner appeared uninterested in pursuing the relief sought. The issue before the court was whether the petition could be dismissed for non‑prosecution. Relying on the petitioner’s non‑appearance and lack of any further action, the court held that the petition should be dismissed. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and take steps to pursue the case

Subjects

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

Judgment

                                  Sbw                                                    193-WP-5391-2018.doc

                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CRIMINAL APPELLATE JURISDICTION

                                                     WRIT PETITION NO.5391 OF 2018

                             Suresh K. Patel                                         … 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.

                             29th November, 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
BHAGU   WADHWA
WADHWA Date:
        2026.06.17
          15:57:10 +0530
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