Bombay High Court
PHILIP JOSEPH AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non-prosecution.
Summary
The petitioners filed a writ petition on 17 February 2021 but failed to appear for any hearing. The court noted that the petitioners and their counsel made no effort to circulate the petition since its filing. It was observed that the petitioners appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal reflects the procedural requirement that parties must actively pursue their petitions.
Issues considered
- Whether the writ petition should be dismissed for non-prosecution due to the petitioners' non-appearance and inaction
Subjects
- writ petition
- non-prosecution
- dismissal
- criminal appellate jurisdiction
- procedural default
Judgment
ssm 54-wp858.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 858 OF 2021
Philip Joseph & Ors. .…..Petitioners
Vs.
State Of Maharashtra & Anr. …..Respondents
____________________________________
None for the Petitioners.
Smt. Madhavi H. Mhatre APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 29th AUGUST, 2026.
P.C.:-
1) None for Petitioners when called out for hearing.
2) Record indicates that, since the date of filing of the Petition i.e.
17th February, 2021, neither the Petitioners nor their Advocates have taken
any steps to circulate the Petition, even once.
2.1) It appears that, the Petitioners are 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
17:01:03 +0530
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