Bombay High Court

SHIVAJI JAYWANT SAWANTversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Dismissed
Bench: SANDESH D PATIL

Holding

The application for quashing the FIR is dismissed for non-prosecution due to the applicant's failure to appear.

Summary

The applicant, Shivaji Jaywant Sawant, filed a criminal application seeking quash of FIR No.196 of 2022. The matter had been listed only once since 2022 and no interim relief was granted. On the date of hearing, the applicant failed to appear before the court. The bench, presided by Justice Sandesh D. Patil, dismissed the application on the ground of non-prosecution due to the applicant's absence. The judgment further noted that the applicant remains free to initiate fresh proceedings by filing a chargesheet, if any, and no other substantive orders were made.

Issues considered

Whether an application for quashing an FIR can be dismissed for non-prosecution when the applicant fails to appear before the court.

Subjects

quash FIR
non-prosecution
criminal application
High Court dismissal
procedural default

Judgment

                                                          934-APL-1190-2022 (CR).doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

            CRIMINAL APPLICATION NO. OF 1190 OF 2022
Shivaji Jaywant Sawant                  …...Applicant
      VS.
State of Maharashtra & Anr.             …...Respondents
                               ...
None for the Applicant.

Mr. Nitin B. Patil, A.P.P., for the Respondent-State.
                                        ...

                                         CORAM: SANDESH D. PATIL, J.
                                         DATED: 31st JULY 2026.
P. C. :

1.        This Application is filed for quashing of the F.I.R. bearing C.R.

No.196 of 2022. Since the year 2022 this matter was circulated only

once and however, no interim relief was granted in this matter. Today,

none appears for the Applicant when called for. Hence, Criminal

Application No.1190 of 2022 is dismissed for non-prosecution.



2.        Needless to say that, the Applicant is at liberty to file fresh

proceedings by annexing the chargesheet, filed if any.




                                                   (SANDESH D. PATIL, J.)


Manisha                              1

              Digitally signed
           by MANISHA
MANISHA    BALKRISHNA
BALKRISHNA TALEKAR
TALEKAR    Date: 2026.08.04
              10:54:20 +0530

Continue reading with your account

Checking your session…