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Bombay High Court

SAEEDMIYA ALIMIYA SAYYEDversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 3 November 2020 but failed to appear for the hearing. The record shows that neither the petitioner nor his counsel took any steps to circulate the petition after filing. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution. The dismissal was ordered by the Bombay High Court on 29 August 2026.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner does not appear or take steps to pursue the case

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • high court

Judgment

                 ssm                                                      43-wp.613.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 613 OF 2021

            Saeedmiya Alimiya Sayyed                                     …..Petitioner

                     Vs.

            State Of Maharashtra & Ors.                       …..Respondents
                            ____________________________________

            None for the Petitioner.
            Shri. Ashish I. Satpute 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, since the date of filing of the Petition i.e.

            3rd November, 2020, 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 SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                            1/1
MASHALKAR Date:
          2026.09.07
          17:01:06 +0530


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