Bombay High Court
IRFAN HUSSAIN ILFAT HUSSAIN SHAIKHversusTHE STATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non-prosecution.
Summary
The petitioner, Irfan Hussain Ilfat Hussain Shaikh, filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra. The petitioner failed to appear for the hearing and, after July 31, 2019, neither he nor his counsel took any steps to circulate the petition. The court noted that the petitioner appeared uninterested in pursuing the matter. Consequently, the court considered the lack of prosecution as a ground for dismissal. The petition was therefore dismissed for non-prosecution.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and does not take steps to pursue a writ petition?
Subjects
- writ petition
- non-prosecution
- dismissal
- criminal appellate jurisdiction
- Bombay High Court
Judgment
DTG 124-Wp.869.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 869 OF 2019
Irfan Hussain Ilfat Hussain Shaikh … Petitioner
V/s.
The State of Maharashtra & Ors. … 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 31st July 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. )
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