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Bombay High Court

HEMLATA VINOD JAINversusTHE 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 6 December 2019 but failed to appear for any hearing and did not take any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution. No substantive merits of the petition were examined. The dismissal reflects the procedural rule that a petition may be thrown out when the petitioner does not prosecute it. The order was pronounced by 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 prosecute the case

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • court procedure
  • petitioner's default

Judgment

                       DTG                                                                 68-Wp-6175-2019.doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CRIMINAL APPELLATE JURISDICTION

                                                    WRIT PETITION NO. 6175 OF 2019

                       Hemlata Vinod Jain                                                … Petitioner
                                     V/s.
                       The State of Maharashtra & Ors.                                   … Respondents
                                                _______________________________________

                       None for Petitioner.

                       Mr. J.P. Yagnik, A.P.P. for Respondent-State.

                       Ms. Renuka Pardeshi, WPSI, Kandivali Police Station, Present.
                                      _______________________________________

                                                         CORAM : A. S. GADKARI AND
                                                                 KAMAL KHATA, JJ.
                                                         DATE  : 31st July 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.

                       6th December 2019, neither the Petitioner nor her 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
               DNYANESHWAR
DNYANESHWAR TULSHIRAM
TULSHIRAM   GHUMNAR
GHUMNAR     Date: 2026.08.06                                                                                     1/1
               18:17:36 +0530


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