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Bombay High Court

AWDHESH KUMAR MISHRAversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution.

Summary

The petitioner, Awdhesh Kumar Mishra, filed a writ petition before the Bombay High Court on 18 February 2020. No appearance was made by the petitioner or his counsel at any of the scheduled hearings. The court record shows that the petitioner made no effort to circulate the petition after filing. It was observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the Court dismissed the petition on the ground of non‑prosecution.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear or take steps to pursue a writ petition?

Subjects

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

Judgment

                  DTG                                                                   123-Wp-971-2020.doc



                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                CRIMINAL APPELLATE JURISDICTION

                                                  WRIT PETITION NO. 971 OF 2020

                  Awdhesh Kumar Mishra                                                … Petitioner
                                  V/s.
                  The State of Maharashtra & Ors.                                     … Respondents
                                             _______________________________________

                  None for Petitioner.

                  Smt. P.P. Shinde, A.P.P. for Respondent-State.
                                    _______________________________________

                                                      CORAM : A. S. GADKARI AND
                                                              KAMAL KHATA, JJ.
                                                      DATE  : 31st July 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 2020, 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. )
            Digitally signed by
            DNYANESHWAR
DNYANESHWAR TULSHIRAM
TULSHIRAM   GHUMNAR
GHUMNAR
            Date: 2026.08.06
            18:40:49 +0530
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