Created by Fuzzy Cloud

Bombay High Court

SANTOSH SITARAM GAIKWADversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dissmiss For Default/Non-Prosecution

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.