Bombay High Court

DENIS C. LOBOversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 18 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner, Denis C. Lobo, filed Writ Petition No. 976 of 2017 in the Bombay High Court seeking relief against the State of Maharashtra. The petition was listed for hearing, but the petitioner failed to appear and, according to the record, did not take any steps to circulate the petition after 24 July 2017. The court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution. With the dismissal of the writ petition, the accompanying Criminal Application No. 284 of 2017 was also deemed to have no further existence and was disposed of. The judgment was delivered by Justices A.S. Gadkari and Kamal Khata.

Issues considered

What is the appropriate consequence when a petitioner fails to appear or prosecute a writ petition?

Subjects

writ petition
non‑prosecution
dismissal
criminal appellate jurisdiction
Bombay High Court

Judgment

     pmk                                                    33-WP-976-2017.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION
                        WRIT PETITION NO.976 OF 2017
Denis C. Lobo                                                … Petitioner

         V/s.

The State of Maharashtra & Ors.                              … Respondents
                                   WITH
                    CRIMINAL APPLICATION NO.284 OF 2017
                                    IN
                       WRIT PETITION NO.976 OF 2017

None for the Petitioner.
Smt. Madhavi H. Mhatre, APP for the Respondent-State.

                                   CORAM :       A. S. GADKARI AND
                                                 KAMAL KHATA, JJ.
                                      DATE :     18th April, 2026
P.C.:-

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

2)              Record indicates that, after 24th July, 2017 Petitioner and/or his

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.

4)              In view of disposal of Petition, Criminal Application No.284 of

2017, does not survive and is accordingly disposed off.
[[




            (KAMAL KHATA, J.)                     (A.S. GADKARI, J.)

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