Bombay High Court

BHAVNA WADHWAversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 2 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Bhavna Wadhwa, filed a writ petition on 1 March 2017 in the High Court of Bombay. No appearance was made by the petitioner at any subsequent hearing, and the record shows that neither the petitioner nor her counsel took any steps to advance the petition. The court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the court considered whether the petition could continue in the absence of any prosecution. Applying the principle that a petition must be actively pursued, the court dismissed the petition for non‑prosecution. The dismissal was entered without any further orders.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear or take steps to advance the petition.

Subjects

dismissal
non‑prosecution
writ petition
high court
criminal appellate jurisdiction

Judgment

DTG                                                              32-WP-951-2017.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 951 OF 2017

Bhavna Wadhwa                                                … Petitioner
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

None for Petitioner.
Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                  _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 2nd April 2026

P.C. :

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

2)              Record indicates that, since the date of filing of the Petition i.e.

1st March 2017, the Petitioner and/or her Advocate has not taken any steps

to circulate the Petition, even for 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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