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Bombay High Court

AMAR BAMA MHATREversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Amar Bama Mhatre, filed a writ petition in the Bombay High Court. The petitioner failed to appear for the hearing and, after July 9, 2019, 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 both judges of the bench.

Issues considered

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

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

DTG                                                          138-Wp.985.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 985 OF 2019

Amar Bama Mhatre                                            … 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  : 17th June 2026

P.C. :

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

2)              Record indicates that, after 9th July 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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