Bombay High Court
SANTOSH SITARAM GAIKWADversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
- Bench
- GAUTAM A ANKHAD
Holding
The application is infructuous and is dismissed as the applicant failed to appear and the matter is already at the evidence stage.
Summary
The applicant, Santosh Sitaram Gaikwad, filed a criminal application but failed to appear before the court on the scheduled date. The respondent, the State of Maharashtra, indicated that the charges had been framed and the trial was proceeding to the evidence stage. Since the applicant did not appear and the matter was already under trial, the court found the application to be infructuous. Consequently, the court dismissed the application without further hearing. No substantive merits of the underlying criminal case were addressed.
Issues considered
- Whether a criminal application can be entertained when the applicant fails to appear and the trial is already at the evidence stage
Subjects
- criminal procedure
- application dismissed
- infructuous
- non-appearance
- evidence stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.308 OF 2019
Santosh Sitaram Gaikwad .. Applicant
Vs.
The State of Maharashtra,
Through Vikhroli Park Site Police Station, Mumbai .. Respondent
None for the Applicant.
Ms. Megha S. Bajoria, APP for the Respondent-State of Maharashtra.
CORAM : GAUTAM A. ANKHAD, J.
DATE : 23RD JANUARY 2026.
P.C. :
1. This matter was listed on 22nd January 2026 when no one appeared for the
Applicant. Even today, no one appears for the Applicant.
2. Ms. Bajoria, learned APP submits that the charges are framed and the matter is
proceeded to trial. It is currently at the stage of evidence.
3. In view of the above, Criminal Application No.308 of 2019 is rendered
infructuous and the same is dismissed accordingly.
[ GAUTAM A. ANKHAD, J. ]
Digitally
signed by 1/1
SNEHA SNEHA
ABHAY DIXIT 6-APL-308-2019.doc
ABHAY Date: Dixit
DIXIT 2026.01.23
17:57:33
+0530
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