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Bombay High Court

MUZAFFAR YASINSHAH 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 19 December 2018 in the Bombay High Court but failed to appear for the hearing and made no effort to circulate the petition thereafter. The court noted that the petitioner showed no interest in pursuing the matter. Consequently, the court dismissed the petition on the ground of non-prosecution. No substantive merits of the petition were examined. The dismissal was entered by a bench of Justices A.S. Gadkari and Kamal Khata.

Issues considered

  • Whether the writ petition should be dismissed for non-prosecution due to the petitioner's failure to appear and pursue the case

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

                             Sbw                                                   211-wp-5789-2018.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.5789 OF 2018

                     Muzaffar Yasinshah Patel                                 … Petitioner

                               V/s.

                     The State of Maharashtra & Ors.                          … Respondents




                     None for the Petitioner.
                     Mr. J.P. Yagnik, 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.

                     19th December, 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
          17:47:31
          +0530


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