Bombay High Court

BALU MUKKA KHAIRversusTHE STATE OF MAHARASHTRA

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

Petitioner Balu Mukka Khair filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra. The petitioner failed to appear for the hearing and, according to the record, made no effort to circulate the petition after 25 March 2019. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the judges considered whether the petition could continue in the absence of any prosecution by the petitioner. The court held that the petition must be dismissed for non‑prosecution. The dismissal was entered on 17 June 2026.

Issues considered

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

Subjects

writ petition
non‑prosecution
dismissal
criminal appellate jurisdiction
high court

Judgment

DTG                                                          95-Wp.562.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 562 OF 2019

Balu Mukka Khair                                           … Petitioner
         V/s.
The State of Maharashtra                                   … Respondent
                   _______________________________________

None for Petitioner.

Mr. Vinod Chate, A.P.P. for Respondent-State.
                _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th June 2026

P.C. :

1)              None for the Petitioner when called out for hearing.

2)              Record indicates that, after 25 th March 2019, 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. )


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