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Bombay High Court

PRATIK MICHAEL TRIBHUVANversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Dismissed

Holding

The application to quash the FIR was dismissed as non‑prosecution, with liberty to file a fresh application annexing the charge‑sheet.

Summary

Pratik Michael Tribhuvan filed a criminal application seeking quash of the FIR against him. No counsel appeared for the applicant when the matter was called. The respondent's counsel informed the court that a charge‑sheet had already been filed in the case. The court held that once a charge‑sheet is filed, the applicant may file a fresh application with the charge‑sheet annexed, and therefore dismissed the present application for non‑prosecution. The dismissal does not preclude the applicant from filing a fresh petition. The application was dismissed.

Issues considered

  • What is the appropriate course of action when an application to quash an FIR is filed after a charge‑sheet has been filed?

Subjects

  • quash of FIR
  • charge‑sheet
  • criminal procedure
  • application dismissed
  • fresh petition

Judgment

                                                                       31-APL-1121-2026.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL APPLICATION NO. 1121 OF 2026

       Pratik Michael Tribhuvan                                     .....Applicant
                        Versus
       The State of Maharashtra & Anr.                              .....Respondents
                                                .....
       None for the Applicant.

       Mr. Kumar V. Saste, A.P.P, for the Respondent-State.

       API Madhumati Shinde attached to Pimpri Police Station, present.
                                     ..…

                                            CORAM : SANDESH D. PATIL, J.
                                            DATE        : 9th SEPTEMBER 2026


       P.C.:-

       1.         None present for the applicant when the matter was called out.


       2.         The learned APP Mr. Saste informs that charge-sheet has been

       filed in this matter. The application is for quashing of the FIR. Since

       the charge-sheet is filed in this matter, the applicant is at liberty to

       file a fresh application / petition by annexing the charge-sheet as

       well as taking necessary averments.


       3.         The present application is dismissed for non-prosecution.



       Wakodikar                                                                      1/2
            Digitally signed
RUPALI      by RUPALI
            RAJESH
RAJESH      WAKODIKAR
WAKODIKAR   Date: 2026.09.09
            18:15:56 +0530
                                                        31-APL-1121-2026.doc


4.     It is made clear that the dismissal of this application will not

come in way of the applicant in filing a fresh application / petition as

indicated above.




                                          (SANDESH D. PATIL, J.)




Wakodikar                                                              2/2


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