Bombay High Court
ARIF ISMAIL KADIWALversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition was dismissed for non-prosecution.
Summary
The petitioner, Arif Ismail Kadiwal, filed a writ petition in the Bombay High Court. The petitioner failed to appear for the hearing and, after August 10, 2021, neither he nor his counsel took any steps to circulate the petition. The court inferred that the petitioner was not interested in pursuing the relief sought. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal was recorded by both judges of the bench.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and does not take steps to advance a writ petition?
Subjects
- writ petition
- non-prosecution
- dismissal
- criminal appellate jurisdiction
- Bombay High Court
Judgment
ssm 44wp-614.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 614 OF 2021
Arif Ismail Kadiwal …..Petitioner
Vs.
State Of Maharashtra & Ors. …..Respondents
____________________________________
None for the Petitioner.
Shri. Ajay Patil 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 10th August, 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.
(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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