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Bombay High Court

SUNIL MANGILAL JAINversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The writ petition was dismissed for non‑prosecution and the interim application was disposed of.

Summary

Sunil Mangilal Jain filed a writ petition before the Bombay High Court challenging actions of the State of Maharashtra. The petitioner failed to appear for the hearing and, after February 1, 2021, neither he nor his counsel took any steps to advance the petition. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the writ petition was dismissed for non‑prosecution, and the related interim application was also disposed of as it could not survive the dismissal. No substantive merits of the petition were considered.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and take steps to pursue it
  • Whether an interim application pending on a dismissed writ petition continues to survive

Subjects

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

Judgment

                 ssm                                                    41-wp585.2021.doc

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 585 OF 2021
                                              WITH
                               INTERIM APPLICATION NO.2709 OF 2021

            Sunil Mangilal Jain                                …..Petitioner
                  Vs.
            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 :      29th AUGUST, 2026.
            P.C.:-

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

            2)             Record indicates that, after 1st February, 2021, 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.

            4)           In view of dismissal of Writ Petition, Interim Application No.2709

            of 2021, does not survive and is also disposed off.



                       (KAMAL KHATA, J.)                         (A.S. GADKARI, J.)
          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                         1/1
MASHALKAR Date:
          2026.09.07
          17:01:06 +0530


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