Bombay High Court

VITHAL RAVJI NAREversusCOMMISSIONER OF POLICE, MUMBAI AND ANR

Decided: 9 March 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear and pursue the case.

Summary

The petitioner, Vithal Ravji Nare, filed Writ Petition No. 609 of 2016 in the Bombay High Court against the Commissioner of Police, Mumbai. The petitioner failed to appear for the hearing scheduled on 18 July 2016 and did not appear thereafter, nor did his counsel take any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the court held that the petition could not be kept alive without the petitioner’s participation. The petition was therefore dismissed for non‑prosecution.

Issues considered

What is the appropriate course of action when a petitioner fails to appear for hearing and makes no effort to pursue a writ petition?

Subjects

writ petition
criminal appellate jurisdiction
non‑prosecution
procedural default
dismissal

Judgment

                      KSG                                                          18-WP-609-2016.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 609 OF 2016

                      Vithal Ravji Nare                                           … Petitioner
                               V/s.
                      Commissioner of Police, Mumbai & Anr                        … Respondents
                                          _______________________________________

                      None for the Petitioner.
                      Ms. M.H. Mhatre, A.P.P. for Respondent-State.
                                      _______________________________________

                                                  CORAM : A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                  DATE  : 9th MARCH 2026

                      P.C. :

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

                      1.1)            Record indicates that, even on earlier occasion i.e. on 18 th July

 KIRAN
 SANJAY               2016, none had appeared for the Petitioner.
 GHUGE
Digitally signed by
KIRAN SANJAY
GHUGE
Date: 2026.03.17
11:05:29 +0530        2)              That, after 18th July, 2016 the Petitioner and/or his Advocate has

                      not taken any steps to circulate the Petition, even for 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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