Bombay High Court

PRIYANKA DEEPAK BIRARIversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 29 August 2026
Disposal: Dissmiss For Default/Non-Prosecution

Holding

The writ petition is dismissed for non‑prosecution due to the petitioner's failure to appear and pursue the relief.

Summary

The petitioner, Priyanka Deepak Birari, filed a writ petition on 31 October 2020 in the Bombay High Court. She failed to appear for the hearing and neither she nor her counsel took any steps to circulate the petition thereafter, indicating a lack of interest in pursuing the matter. The Court observed this inaction and dismissed the petition for non‑prosecution. Consequently, the related interim application (Stamp) No. 9870 of 2025 was also deemed not to survive and was disposed of. The dismissal was entered by the judges A.S. Gadkari and Kamal Khata.

Issues considered

Whether a writ petition can be dismissed for non‑prosecution when the petitioner fails to appear and take steps to pursue the case

Subjects

writ petition
non‑prosecution
dismissal
Bombay High Court
criminal appellate jurisdiction

Judgment

ssm 45-wp626.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 626 OF 2021
WITH
INTERIM APPLICATION (STAMP) NO. 9870 OF 2025

Priyanka Deepak Birari …..Petitioner
Vs.
The State Of Maharashtra & Ors. …..Respondents
____________________________________

None for the Petitioner.
Shri. J.P. Yagnik APP, for the Respondent-State.
Mr. Akshay Doctor a/w Adv. Parag Sawant, Adv. Shadad Khan, Adv.
Bhumanyu Champawat Charmi Gala i/by P.S. Chambers for the Respondent-
D.S. Kulkarni Developers Ltd.
____________________________________

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.

31st October, 2020, 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.

4) In view of dismissal of Writ Petition, Interim Application

(Stamp) No.9870 of 2025, does not survive and is also disposed off.

Digitally (KAMAL
signed KHATA, J.) (A.S. GADKARI, J.)
by SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 1/1
2026.09.07
17:01:04 +0530

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