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Bombay High Court

MANJULA TOKERBHAI SHAHversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 22 February 2018 but failed to appear for the hearing and did not take any steps to circulate the petition thereafter. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution. No substantive arguments or evidence were presented by the petitioner. The dismissal was ordered by the bench of Justices A.S. Gadkari and Kamal Khata.

Issues considered

  • Whether a writ petition can be dismissed for non‑prosecution when the petitioner fails to appear and take steps to pursue the case

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • court procedure

Judgment

                         sbw                                                     233-wp-966-2018.doc

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.966 OF 2018

                    Manjula Tokerbhai Shah                                  … Petitioner

                             V/s.

                    The State of Maharashtra & Ors.                         … Respondents




                    None for the Petitioner.
                    Smt. P. P. Shinde, APP, for the Respondent-State.


                                                        CORAM :      A. S. GADKARI AND
                                                                     KAMAL KHATA, JJ.
                                                          DATE :     18th April 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.

                    22nd February, 2018, 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.)


       Digitally
       signed by
       SANDHYA
                                                                                                       1/1
SANDHYA BHAGU
BHAGU   WADHWA
WADHWA Date:
       2026.04.23
       12:02:15
       +0530


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