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Bombay High Court

TUSHAR KHANDERAO KHANDEversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear or take steps to pursue the petition.

Summary

The petitioner, Tushar Khanderao Khande, filed a writ petition on 7 December 2019 in the Bombay High Court. The petitioner and his counsel never appeared for any hearing after filing. The record shows that no steps were taken to circulate the petition at any time. The court observed that the petitioner appeared uninterested in pursuing the relief. Consequently, the bench held that the petition should be dismissed for non‑prosecution. The dismissal was ordered without any further hearing.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and to take steps to pursue the petition

Subjects

  • petition
  • non‑prosecution
  • court procedure
  • dismissal for default

Judgment

                      DTG                                                            69-Wp-6203-2019.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 6203 OF 2019

                      Tushar Khanderao Khande                                      … Petitioner
                               V/s.
                      The State of Maharashtra & Ors.                              … Respondents
                                          _______________________________________

                      None for Petitioner.

                      Mr. Shrikant V. Gavand, A.P.P. for Respondent-State.

                      Ms. Minakshi Nale, PSI, MRA Marg Police Station, Mumbai, 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.

                      7th December 2019, 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
DNYANESHWAR DNYANESHWAR
TULSHIRAM   TULSHIRAM                                                                                      1/1
GHUMNAR     GHUMNAR
            Date: 2026.08.06
            18:21:36 +0530


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