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Bombay High Court

ISHRAT ALI ALTAF 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 filed a writ petition on 18 February 2019 in the Bombay High Court seeking relief against the State of Maharashtra. The petitioner failed to appear for any hearing and neither he nor his counsel took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal was ordered by a bench comprising Justices A.S. Gadkari and Kamal Khata.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear and does not take steps to advance a writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • court procedure

Judgment

DTG                                                            132-Wp.937.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 937 OF 2019

Ishrat Ali Altaf Hussain Shaikh                              … Petitioner
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

Petition in person is not present.

Mr. J.P. Yagnik, 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, since the date of filing of the Petition i.e.

18th February 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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