Bombay High Court

KALAMUDDIN USMAN SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Kalamuddin Usman Shaikh, failed to appear for the hearing and did not take any steps to circulate the writ petition after June 19, 2019. The court noted that the petitioner appeared uninterested in pursuing the petition. Consequently, the court considered whether the petition could be dismissed for non‑prosecution. Relying on the petitioner’s non‑appearance and lack of action, the court dismissed the petition. The dismissal was entered on the basis that the petitioner did not prosecute the petition.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and does not take steps to pursue the petition?

Subjects

writ petition
non-prosecution
dismissal
criminal appellate jurisdiction
BOMBAY High Court

Judgment

DTG                                                           53-wp72.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 72 OF 2019

Kalamuddin Usman Shaikh                                      … Petitioner
         V/s.
The State of Maharashtra & Anr.                              … Respondents
                    _______________________________________

None for Petitioner.

Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State.
              _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th June 2026

P.C. :

1)              None for the Petitioner when called out for hearing.

2)              Record indicates that, after 19th June 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. )




                                                                                 1/1

Continue reading with your account

Checking your session…